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

Articles 1 and 2 of the Convention. Protection against discrimination in employment and occupation. Legislation. The Committee notes that section 4 of the General Labour Act (Act No. 7/15) of 15 June 2015 provides for equality of opportunity and non-discrimination for all citizens based on race, colour, sex, ethnic origin, marital status, social origin or status, religious reasons, political opinion, trade union membership or language. It notes the Government’s indication, in its report, that a revision process of the General Labour Act has been initiated and would address the issues previously raised by the Committee regarding: (1) the definition of discrimination in order to encompass both direct and indirect discrimination in all aspects of employment and occupation; (2) the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention, including national extraction; (3) the prohibition of sexual harassment; (4) the restrictions on women’s access to work; and (5) the scope of the measures applicable to workers with family responsibilities. In that regard, the Committee notes that, in January 2022, the draft General Labour Act was examined by the National Commission for Social Dialogue. On 27 April 2022, the draft Act was approved by the Council of Ministers and forwarded to the General Assembly. Recalling the importance of having a clear and comprehensive legislative framework in order to effectively address discrimination in employment and occupation and ensure the effective implementation of the Convention, the Committee trusts that the Government will take every necessary step, in particular in the framework of the revision of the General Labour Act, to give full legislative expression to the provisions of the Convention regarding the above-mentioned matters. It asks the Government to provide information on the steps taken to that end and their outcomes.
Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee welcomes the Government’s indication, in its report, that section 301 of the draft revised General Labour Act would prohibit sexual harassment. It notes that, in their concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Human Rights Committee expressed specific concerns at: (1) the failure to comprehensively prohibit all forms of gender-based violence against women and girls in the public and private spheres; and (2) the under-reporting of gender-based violence against women and girls owing to the social legitimization of violence, a culture of silence and impunity, and the stigmatization of victims by health professionals and law enforcement officers, legal illiteracy and a lack of trust in law enforcement authorities (CEDAW/C/AGO/CO/7, 14 March 2019, paragraph 25; and CCPR/C/AGO/CO/2, 8 May 2019, paragraph 17). The Committee asks the Government to take steps to: (i) include in its national legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment in employment and occupation; and (ii) ensure that appropriate preventive and remedial measures and procedures are in place. It also requests the Government to provide information on any practical measures taken to prevent and address sexual harassment in employment and occupation.
Articles 1(1)(a) and 5. Restrictions on women’s access to work. The Committee notes that a list of jobs prohibited for women was adopted by Executive Decree No. 172/10 of 14 December 2010, pursuant to section 243 of the General Labour Act. It notes the Government’s general indication that several provisions of the draft General Labour Act refer to restrictions on women’s access to work but observes that the Government did not provide information on the content of such provisions. The Committee recalls that special measures for the protection of women should be limited to maternity protection in the strict sense, and that provisions for the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey on the fundamental Conventions, paragraphs 839 and 840). The Committee asks the Government to take measures, in particular in the framework of the revision of the General Labour Act, to ensure that existing restrictions on women’s access to work are removed so as to allow women’s access to employment on an equal footing with men, and that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection in the broad sense.
Article 1(1)(b). Real or perceived HIV status. The Committee notes that sections 5 and 7 of Act No. 8/04 of 1 November 2004 on HIV and AIDS prohibit discrimination based on workers’ health status in relation to HIV/AIDS. It notes that, in August 2021, the Government initiated the revision of Act No. 8/04 with a view to “responding to current complaints about discrimination”, especially in the workplace, with domestic workers often being fired as a result of their HIV positive status. In that regard, the Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern at reports that persons living with HIV/AIDS face stigmatization and de facto discrimination (CCPR/C/AGO/CO/2, paragraph 13). The Committee asks the Government to provide information on: (i) the current status of the revision process of Act No. 8/04; (ii) any measures taken in law and in practice to prevent and address discrimination based on real or perceived HIV status in employment and education, in particular against domestic workers; and (iii) any cases of discrimination based on real or perceived HIV status dealt with by the competent authorities, including sanctions imposed and remedies granted.
Article 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that several programmes have been implemented in order to promote equality of opportunity and treatment for men and women, and enhance women’s participation in professional training courses, including the Women’s Vocational Training Programme. Since 2018, 2,360 women have benefited from such training. The Committee notes that, according to ILOSTAT, the labour force participation rate of women was estimated at 74 per cent in 2021. It further notes, from the statistical information provided by the Government, that the number of women placed in employment decreased, with women representing, in 2021, only 21 per cent of workers placed in employment compared with 38 per cent in 2020. In that regard, the Committee notes the Government’s statement that, despite its efforts, the existing gender gap in access to employment remains a key issue. The Committee notes that in its concluding observations, the CEDAW remained concerned about: (1) the disproportionately high levels of illiteracy among women, in particular in rural areas, and the difficulties faced by rural women in obtaining identity documents, which restricts their access to employment opportunities and bank loans; (2) the inadequate and decreasing budget allocations to the education sector, forcing girls to walk long distances to school and depriving them of adequate sanitary facilities; (3) the underrepresentation of girls and women in traditionally male-dominated areas of education, including technical and vocational education; and (4) the continuing horizontal and vertical occupational gender segregation and the concentration of women in the informal labour market (CEDAW/C/AGO/CO/7, paragraphs 33, 35 and 37). Taking into consideration the persistence of vertical and horizontal occupational gender segregation, the Committee encourages the Government to strengthen its efforts to implement proactive measures to promote equality of opportunity and treatment for men and women in employment and occupation. It asks the Government to provide: (i) information on any measures implemented to enhance girls’ and women’s access to education, occupational training and employment opportunities in the formal economy, in particular for rural women, and their results; and (ii) statistical information on the participation of men and women in education, training, employment and occupation, if possible disaggregated by occupational categories, both in the public and private sectors.
Workers with family responsibilities. The Committee notes that: (1) section 244 of the General Labour Act provides that employers must facilitate part-time work for “women with family responsibilities”; and (2) sections 247 and 248 provide for maternity leave while there is no provision for paternity leave. In that regard, it welcomes the Government’s indication that section 214 of the draft revised General Labour Act would provide for paternity leave. Recalling that, in order to achieve the objective of equality set out in the Convention, measures to assist workers with family responsibilities should be available to both men and women on an equal footing, the Committee asks the Government to provide information on the measures taken, in particular in the framework of the revision of the General Labour Act, to enable both men and women to reconcile work and family responsibilities.
Equality of opportunity and treatment irrespective of race, colour or national extraction. Indigenous peoples. The Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern at reports that individuals belonging to certain groups, in particular indigenous peoples, face stigmatization and de facto discrimination in their access to land, natural resources and education. Pastoralists in the south-west have faced exclusion from grazing land and expropriation of land (CCPR/C/AGO/CO/2, paragraphs 13 and 49). The Committee asks the Government to provide information on the steps taken or envisaged to ensure equality of opportunity and treatment of indigenous peoples in employment and occupation, including any steps directed at protecting their right to engage in their traditional occupations and livelihoods without discrimination.
Monitoring and enforcement. The Committee notes that the new Criminal Code (Act No. 38/20 of 11 November 2020) criminalizes discrimination in employment based on race, colour, ethnic origin, birthplace, sex, sexual orientation, illness or disability, creed or religion, political or ideological opinion, social origin or status or other forms of discrimination, and establishes penalties of two years of imprisonment or a fine (section 212). It also notes the Government’s indication that no case of discrimination in employment or occupation has been lodged. The Committee recalls that 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. The Committee also recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, paragraph 870). In that regard, the Committee notes that in their 2019 concluding observations, the CEDAW and the UN Human Rights Council remained concerned about: (1) the limited availability of courts and out-of-court dispute settlement centres, in particular in rural areas; (2) the lack of independence of the judiciary and the insufficient number of trained judges, prosecutors and lawyers, which may prevent many citizens from accessing justice; and (3) the lack of capacity-building programmes for actors involved in traditional conflict resolution mechanisms and the limited oversight over their functions, which heightens the risk of such institutions perpetuating discriminatory gender stereotypes (CEDAW/C/AGO/CO/7, paragraph 13 and CCPR/C/AGO/CO/2, paragraph 37). The Committee therefore asks the Government to provide information on: (i) the number and outcomes of inspections carried out by the General Labour Inspectorate regarding discrimination in employment and occupation; (ii) the number and nature of cases concerning discrimination in all aspects of employment and occupation brought before the courts, the penalties applied and remedies granted; and (iii) any measures taken to raise public awareness of the provisions of the Convention and the legislation, procedures and remedies available, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination.

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

New legislation. The Committee refers to its previous comments, in which it requested the Government to take the opportunity provided by the revision of the General Labour Act to address the specific issues it had raised in relation to this piece of legislation concerning, in particular, the definition and grounds of discrimination, the prohibition of sexual harassment, the restrictions on women’s access to work, and the coverage of the measures for workers with family responsibilities provided for in the Act. The Committee notes with regret that the new General Labour Act (Act No. 7/015), which was adopted on 21 April 2015, has not addressed the matters raised by the Committee.
Article 1 of the Convention. Grounds and definition of discrimination. The Committee notes that section 4 of the General Labour Act, which provides for equality of opportunity and non-discrimination for all citizens based on race, colour, sex, ethnic origin, marital status, social origin or status, religious reasons, political opinion, trade union membership or language, replicates the provision of section 3 of the former Act. It notes, in particular, that the section does not provide for a definition of discrimination encompassing explicitly direct and indirect discrimination in all the aspects of employment and occupation covered by the Convention, nor does it include in the list of prohibited grounds of discrimination national extraction, in line with the Convention. The Committee requests that the Government take the necessary steps to ensure that the legislation is revised so as to include explicit prohibition direct and indirect discrimination on at least all the grounds set out at Article 1(1)(a) of the Convention, in all the aspects of employment and occupation defined in Article 1(3), against all workers. The Committee also asks the Government to indicate how the principle of the Convention is applied to the categories of workers falling outside the scope of application of the Act, including civil servants and casual workers, and to provide copies of any relevant special legislation applicable to them.
Sexual harassment. Noting that the new General Labour Act does not address sexual harassment and recalling the importance of taking effective measures to prevent and prohibit sexual harassment at in employment and occupation, the Committee asks the Government to provide information on the steps taken in this respect. It also again asks that the Government take the necessary measures to ensure that the legislation includes provisions that expressly and clearly define and prohibit sexual harassment, including both quid pro quo and hostile working environment harassment, and to ensure that sexual harassment by the employer, a person having authority over the worker, a work colleague and any other person encountered in the work context, such as customers and suppliers, is explicitly prohibited.
Workers with family responsibilities. The Committee notes that sections 102 and 244 of the new General Labour Act maintain the provisions concerning the promotion of part-time work arrangements for workers with family responsibilities found in sections 119 and 270 of the former Act. The Committee also notes that the provision on the implementation of a national network of childcare facilities does not appear in the new Act. It also does not include provision for paternity leave. The Committee emphasizes that when legislation reflects the assumption that the main responsibility for family care lies with women, or excludes men from certain rights and benefits, it reinforces and perpetuates stereotypes regarding the roles of women and men in the family and in society, and seriously impedes women’s access to employment and occupation. Recalling that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing, the Committee requests that the Government provide information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation for men and women workers with family responsibilities.
Equality of opportunity and treatment of men and women. The Committee notes that in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the persistence of traditional stereotypes regarding the roles of women and men in the family and in society, which have an adverse impact on their social and economic rights (E/C.12/AGO/CO/4-5, 15 July 2016, paragraph 25). The Committee also notes from the CESCR’s concluding observations that customary law perpetuates discrimination against women and girls in the context of property and inheritance rights (ibid.). The Committee recalls that promoting and ensuring access to the material goods and services required to carry out an occupation, such as land, credit and other resources, should form part of the objectives of a national policy on equality (see 2012 General Survey on the fundamental Conventions, paragraph 756). The Committee asks the Government to provide information on the measures adopted to promote in practice equality of opportunity and treatment in employment and occupation between men and women and their results, including information on the steps taken to promote women’s self-employment and their access to land, credit and other material goods and services needed to engage in an occupation.
Restrictions on women’s access to work. The Committee refers to its previous comments concerning section 269(4) of the General Labour Act which provides that a list of jobs prohibited for women shall be established by Executive Decree issued jointly by the Ministry of Labour and the Ministry of Health. The Committee notes that the same provision appears in section 243 of the new General Labour Act and that a list of prohibited jobs was adopted by Executive Decree 172/10 of 14 December 2010. The Committee recalls that special measures for the protection of women should be limited to maternity protection in the strict sense and that measures aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society are contrary to the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 839). It also emphasizes that provisions for the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Regarding the maximum age for eligibility to work in the public service set at 35 years, the Committee again draws the Government’s attention to the fact that such a requirement is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter or re-enter the labour market following an absence for maternity and child-rearing. The Committee again requests that the Government take steps to ensure that existing restrictions on women’s access to work are removed so as to allow women’s access to employment on an equal footing with men and to limit restrictions applying to women to maternity protection. With regard to the requirement of an upper age of 35 years for access to employment in the public service, the Committee once again requests the Government to ensure that there is no indirect discrimination against women based on age and to provide information in this respect.
Equality of opportunity and treatment irrespective of race, colour or national extraction. Indigenous peoples. The Committee notes that in its concluding observations, the CESCR expressed concern about reported discrimination in access to food and education experienced by indigenous peoples coupled with the unfolding of development activities which impede them from accessing their lands (E/C.12/AGO/CO/4-5, 15 July 2016, paragraph 19). The Committee recalls that the recognition of the rights to land, territories and resources of indigenous peoples is essential to enable them to engage in their traditional occupations, without discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 768). The Committee asks the Government to provide information on the steps taken or envisaged to ensure equality of opportunity and treatment of indigenous peoples in employment and occupation, including any steps directed at protecting their right to engage in their traditional occupations and livelihoods without discrimination.
The Committee notes that the Government’s report contains no reply to its other previous comments. It requests that the next report contains full information on the matters raised in its comments made in 2015.
Real or perceived HIV status. The Committee notes the information on the measures relating to HIV/AIDS planned by the Government under the United Nations Development Assistance Framework (UNDAF–Angola 2009–13). The Committee asks the Government to provide information on the impact of these measures in combating discrimination based on real or perceived HIV status.
Access to procedures and remedies. The Committee requests the Government to take measures to ensure that the legislation provides for sufficiently dissuasive sanctions to punish discrimination effectively, including sexual harassment or moral harassment, and for access to procedures and redress for the victims, which should include adequate compensation and reinstatement where the victim has been dismissed, together with adequate protection for victims and witnesses against reprisals.
Application. The Committee requests the Government to provide information on any specific and proactive measures to promote and secure equality of opportunity and treatment for women in the public service and the private sector. It also asks the Government to provide particulars of any measures taken or envisaged to secure equality in employment and occupation for all, regardless of race, colour, religion, political opinion, national extraction or social origin.
Statistical information. The Government is asked to provide statistics on the distribution of men and women in the different economic sectors and occupations, and information on the proportion of women in decision-making positions.

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

Legislation. The Committee refers to its previous comments, in which it asked the Government to take the opportunity provided by the revision of the General Labour Act to address the specific issues raised by the Committee since 2013 concerning, in particular, the definition and grounds of discrimination, the prohibition of sexual harassment, the restrictions on women’s access to work, and the coverage of the measures for workers with family responsibilities provided for in the Act. The Committee notes with regret that the new General Labour Act (Act No. 7/015), which was adopted on 21 April 2015, addresses none of the matters raised by the Committee. Recalling the importance of a clear and comprehensive legislative framework in order to ensure the effective implementation of the Convention, the Committee asks the Government to take the necessary steps to address the matters raised by the Committee with a view to bringing the General Labour Act fully into conformity with the Convention, and to provide information on any developments in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. Noting the adoption of new General Labour Act No. 7/15 of 15 June 2015, the Committee 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 specific issues raised in relation to the General Labour Act, and other matters raised in its previous comments.
Repetition
Article 1 of the Convention. Grounds and definition of discrimination. The Committee requests the Government to ensure that the new General Labour Act prohibits direct and indirect discrimination on at least all the grounds set out at Article 1(1)(a) of the Convention, in all the aspects of employment and occupation defined at Article 1(3), against workers of all categories, including domestic workers and casual workers, and to provide information on progress made in this regard. The Committee reiterates its previous request asking the Government to indicate how the protection of men and women against discrimination in employment and occupation is ensured in practice.
Harassment. The Committee requests the Government to take the opportunity afforded by the process of the revision of the General Labour Act, to include provisions that expressly and clearly define and prohibit sexual harassment. These measures should be aimed at both quid pro quo and hostile working environment harassment, and should indicate the persons concerned, such as the employer, a person having authority over the worker, a work colleague and any other person encountered in the work context, such as customers and suppliers (see in this connection the 2002 general observation). The Committee requests the Government to envisage the possibility of including a provision banning moral harassment as well.
Workers with family responsibilities. The Committee recalls that legislative and other measures to help workers with family responsibilities are essential to promoting gender equality in employment and occupation. However, when legislation reflects the assumption that the main responsibility for family care lies with women, or excludes men from certain rights and benefits, it reinforces and perpetuates stereotypes regarding the roles of women and men in the family and in society. The Committee requests the Government to ensure that any measures for workers with dependent children provided for in the new General Labour Act cover men as well as women workers with family responsibilities.
Restrictions on women’s access to work. The Committee has been referring for a number of years to the fact that section 269(4) of the current General Labour Act provides that a list of jobs prohibited for women shall be established by Executive Decree issued jointly by the Ministry of Labour and the Ministry of Health. It noted that, according to the Government, this matter would be addressed in the course of the planned legislative review. The Committee reminds the Government that provisions that prohibit night work for women or bar women’s access to work that is hazardous or harmful to their health or that might entail risks for women’s reproductive function, are based on stereotyped assumptions that may seriously inhibit their chances of employment. The Committee recalls that special measures for the protection of women should be limited to maternity protection in the strict sense, and that provisions for the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Other measures, such as improved health protection for both men and women, may be necessary to ensuring that women have access to these types of employment on an equal footing with men. The Committee requests the Government to take steps to ensure that the new General Labour Act amends the existing provisions so as to allow women access to employment on an equal footing with men and to limit restrictions applying to women to maternity protection. With regard to the requirement for an upper age of 35 years for access to employment in the public service, the Committee requests the Government to ensure that there is no indirect discrimination against women based on age.
Real or perceived HIV status. The Committee notes the information on the measures relating to HIV/AIDS planned by the Government under the United Nations Development Assistance Framework (UNDAF–Angola 2009–13). The Committee asks the Government to provide information on the impact of these measures in combating discrimination based on real or perceived HIV status.
Access to procedures and remedies. The Committee requests the Government to take measures to ensure that the legislation provides for sufficiently dissuasive sanctions to punish discrimination effectively, including sexual harassment or moral harassment, and for access to procedures and redress for the victims, which should include adequate compensation and reinstatement where the victim has been dismissed, together with adequate protection for victims and witnesses against reprisals.
Application. The Committee requests the Government to provide information on any specific and proactive measures to promote and secure equality of opportunity and treatment for women in the public service and the private sector. It also asks the Government to provide particulars of any measures taken or envisaged to secure equality in employment and occupation for all, regardless of race, colour, religion, political opinion, national extraction or social origin.
Part V of the report form. Statistical information. The Government is asked to provide statistics on the distribution of men and women in the different economic sectors and occupations, and information on the proportion of women in decision-making positions.
The Committee asks the Government to do its utmost to reply to the questions raised by the Committee and reminds it that it may avail itself of ILO technical assistance.

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

The Committee once again notes with regret that the Government’s report does not reply to the questions raised. However, the Committee understands that a General Labour Act is being drafted. It requests the Government to take all necessary steps to ensure that the new General Labour Act takes full account of the issues raised below. It also asks the Government to provide information on any developments in this area.
Article 1 of the Convention. Grounds and definition of discrimination. The Committee requests the Government to ensure that the new General Labour Act prohibits direct and indirect discrimination on at least all the grounds set out at Article 1(1)(a) of the Convention, in all the aspects of employment and occupation defined at Article 1(3), against workers of all categories, including domestic workers and casual workers, and to provide information on progress made in this regard. The Committee reiterates its previous request asking the Government to indicate how the protection of men and women against discrimination in employment and occupation is ensured in practice.
Harassment. The Committee requests the Government to take the opportunity afforded by the process of the revision of the General Labour Act, to include provisions that expressly and clearly define and prohibit sexual harassment. These measures should be aimed at both quid pro quo and hostile working environment harassment, and should indicate the persons concerned, such as the employer, a person having authority over the worker, a work colleague and any other person encountered in the work context, such as customers and suppliers (see in this connection the 2002 general observation). The Committee requests the Government to envisage the possibility of including a provision banning moral harassment as well.
Workers with family responsibilities. The Committee recalls that legislative and other measures to help workers with family responsibilities are essential to promoting gender equality in employment and occupation. However, when legislation reflects the assumption that the main responsibility for family care lies with women, or excludes men from certain rights and benefits, it reinforces and perpetuates stereotypes regarding the roles of women and men in the family and in society. The Committee requests the Government to ensure that any measures for workers with dependent children provided for in the new General Labour Act cover men as well as women workers with family responsibilities.
Restrictions on women’s access to work. The Committee has been referring for a number of years to the fact that section 269(4) of the current General Labour Act provides that a list of jobs prohibited for women shall be established by Executive Decree issued jointly by the Ministry of Labour and the Ministry of Health. It noted that, according to the Government, this matter would be addressed in the course of the planned legislative review. The Committee reminds the Government that provisions that prohibit night work for women or bar women’s access to work that is hazardous or harmful to their health or that might entail risks for women’s reproductive function, are based on stereotyped assumptions that may seriously inhibit their chances of employment. The Committee recalls that special measures for the protection of women should be limited to maternity protection in the strict sense, and that provisions for the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Other measures, such as improved health protection for both men and women, may be necessary to ensuring that women have access to these types of employment on an equal footing with men. The Committee requests the Government to take steps to ensure that the new General Labour Act amends the existing provisions so as to allow women access to employment on an equal footing with men and to limit restrictions applying to women to maternity protection. With regard to the requirement for an upper age of 35 years for access to employment in the public service, the Committee requests the Government to ensure that there is no indirect discrimination against women based on age.
Real or perceived HIV status. The Committee notes the information on the measures relating to HIV/AIDS planned by the Government under the United Nations Development Assistance Framework (UNDAF-Angola 2009–13). The Committee asks the Government to provide information on the impact of these measures in combating discrimination based on real or perceived HIV status.
Access to procedures and remedies. The Committee requests the Government to take measures to ensure that the legislation provides for sufficiently dissuasive sanctions to punish discrimination effectively, including sexual harassment or moral harassment, and for access to procedures and redress for the victims, which should include adequate compensation and reinstatement where the victim has been dismissed, together with adequate protection for victims and witnesses against reprisals.
Application. The Committee requests the Government to provide information on any specific and proactive measures to promote and secure equality of opportunity and treatment for women in the public service and the private sector. It also asks the Government to provide particulars of any measures taken or envisaged to secure equality in employment and occupation for all, regardless of race, colour, religion, political opinion, national extraction or social origin.
Part V of the report form. Statistical information. The Government is asked to provide statistics on the distribution of men and women in the different economic sectors and occupations, and information on the proportion of women in decision-making positions.
The Committee asks the Government to do its utmost to reply to the questions raised by the Committee and reminds it that it may avail itself of ILO technical assistance.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report is identical to that of last year and does not reply to the issues raised. 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
Domestic workers and casual workers. The Committee recalls that casual workers and family workers are excluded from the scope of General Labour Act No. 2/00 (section 2(d) and (e)). In this regard, the Committee asks the Government to clarify whether the term “family work” in section 2(d) refers to work performed by a member of the family or whether it refers to a non-family member working as a household employee.
Sexual harassment. The Committee notes the Government’s indication that no records are available concerning cases of sexual harassment at the workplace. To prevent acts of violence and sexual harassment at the workplace, the Ministry of Family and Women’s Empowerment set up family counselling centres where experts such as psychologists and lawyers provide counselling services for victims of violence and sexual harassment. The Government also refers to efforts by the Government and the social partners to raise awareness among women of their rights. The Committee requests the Government to continue to provide information on the measures taken to prevent and address sexual harassment at work. Please indicate whether any awareness-raising campaigns specifically on the issue of sexual harassment have been undertaken.
Workers with family responsibilities. The Committee recalls that section 280 of the General Labour Act commits the State to implement progressively a national network of childcare facilities, including nurseries, day-care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. The Committee notes that 54 day-care centres in rural areas, in addition to the 69 existing ones, had been built in 2007 under the responsibility of the National Directorate for Children within the Ministry of Assistance and Reinsertion (MINARS). In addition, MINARS oversees 508 privately run day-care centres. The Committee requests the Government to continue to provide information on the implementation of section 280 of the General Labour Act, including on the provision of child-care services by enterprises.
Discrimination based on religion. The Committee notes from the report of the United Nations Special Rapporteur on freedom of religion or belief concerning her mission to Angola in November 2007 that section 5 of Act No. 2/04 on freedom of religion, conscience and worship recognizes the principle of non-discrimination because of religious belief in employment (A/HRC/7/10/Add.1, 6 March 2008, paragraph 11). The Committee requests the Government to provide a copy of Act No. 2/04 and to indicate whether any violations of section 5 have been addressed by the competent authorities.
Special measures of protection. The Committee recalls that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by executive decree issued jointly by the ministries of labour and health. It notes the Government’s indication that this matter will be addressed as part of the planned legislative review. The Committee reminds the Government that protective measures with regard to women based on stereotypical perceptions of their abilities and their role in society violate the principle of equality of opportunity and treatment. The Committee requests the Government to take the necessary steps to ensure that protective measures for women are strictly limited to maternity protection, and requests the Government to keep it informed of progress made in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report is identical to that of last year and does not reply to the issues raised. It must therefore repeat its previous observation which read as follows:
Repetition
The Committee recalls that in previous observations it referred to the comments submitted by the National Union of Angolan Workers (UNTA) related to cases of age discrimination. The Committee notes that the Government indicates in this respect that the maximum age for eligibility to work in the public service is 35 years and that enterprises shall submit requests to employment centres for the workers they need. With respect to the maximum age requirement of 35 years, the Committee considers that such a requirement is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter or re-enter the labour market following an absence for maternity and child rearing. In this respect, the Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to take measures to ensure that women are not indirectly discriminated against in access to employment due to the maximum age requirement. The Committee requests the Government to provide information on the measures taken in this regard.
The Committee notes the Government’s indication that some resolutions were adopted in order to ensure women’s participation in the management of private and public entities and that a Gender Project is being implemented with the assistance of the ILO. The Government further indicates that in 2009 there were 319,003 employees in the public sector, of which 107,164 were women, and that there are no statistics concerning the informal economy. The Committee requests the Government to continue to supply statistical information and hopes that the Government will take the necessary measures to improve the collection of such data so as to include information on the representation of men and women in the different industries and occupations, as well as indications as to the representation of women in decision-making positions and the share of men and women considered to work in the informal economy.
The Committee further notes that the Government’s report contains no reply to certain points raised in its previous comments. The Committee is therefore bound to repeat its previous observation, which read in relevant parts, as follows:
Discrimination in practice. The Committee notes that, although the Government has put in place legal provisions concerning discrimination in employment and occupation, including sections 3 and 268 of the General Labour Act No. 2/00, discrimination continues to occur in practice. In its report the Government states that violations of the non-discrimination provisions occur particularly in the private sector where imbalances in the participation in decision-making positions and a tendency to exclude women during and after maternity can be observed. The Government previously reported that gender-based discrimination also exists in the informal economy. As noted by the Committee previously, there is also a significant gender imbalance in the judiciary and as regards management positions in the civil service.
In its report, the Government states that it was difficult to measure the incidence of gender-based discrimination as women do not file petitions or complaints due to shortcomings in the “legal culture”. The Government also states that it has made efforts to raise awareness of legal matters, particularly among women, by expanding information and education programmes on women’s rights, using different national languages and various forms of communication. Efforts were also being made to address discriminatory cultural and traditional practices still prevailing in the country, which, for instance, lead to unequal access of girls to education. The Government, in a very general manner, also refers to the National Strategy and Strategic Framework to Promote Gender Equality and the Rural Growth and Development Programme which includes a programme for the economic empowerment of women. The report refers to the preparation and use of gender-disaggregated data, although such data has not been provided.
  • (ii) The Committee encourages the Government to continue and intensify its efforts to raise awareness and understanding of the principle of non-discrimination and the related legislation among men and women, and requests the Government to indicate the specific activities carried out to this end. Given the reports of discrimination based on sex and pregnancy in the private sector, the Committee requests the Government to indicate the measures taken or envisaged to enhance the capacity of the labour inspectorate and other competent authorities to identify and address discrimination in employment and occupation. Please also provide information regarding whether the competent authorities have addressed any such cases, and if so, the results thereof.
  • (iii) The Committee considers that the Government should take specific and proactive measures to promote and ensure equality of opportunity and treatment of women in the civil service, including the judiciary, and it asks the Government to indicate any measures taken or envisaged in this regard, including measures to ensure that women have access to management positions on an equal footing with men.
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 near future.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Repetition
Domestic workers and casual workers. The Committee recalls that casual workers and family workers are excluded from the scope of General Labour Act No. 2/00 (section 2(d) and (e)). In this regard, the Committee asks the Government to clarify whether the term “family work” in section 2(d) refers to work performed by a member of the family or whether it refers to a non-family member working as a household employee.
Sexual harassment. The Committee notes the Government’s indication that no records are available concerning cases of sexual harassment at the workplace. To prevent acts of violence and sexual harassment at the workplace, the Ministry of Family and Women’s Empowerment set up family counselling centres where experts such as psychologists and lawyers provide counselling services for victims of violence and sexual harassment. The Government also refers to efforts by the Government and the social partners to raise awareness among women of their rights. The Committee requests the Government to continue to provide information on the measures taken to prevent and address sexual harassment at work. Please indicate whether any awareness-raising campaigns specifically on the issue of sexual harassment have been undertaken.
Workers with family responsibilities. The Committee recalls that section 280 of the General Labour Act commits the State to implement progressively a national network of childcare facilities, including nurseries, day-care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. The Committee notes that 54 day-care centres in rural areas, in addition to the 69 existing ones, had been built in 2007 under the responsibility of the National Directorate for Children within the Ministry of Assistance and Reinsertion (MINARS). In addition, MINARS oversees 508 privately run day-care centres. The Committee requests the Government to continue to provide information on the implementation of section 280 of the General Labour Act, including on the provision of child-care services by enterprises.
Discrimination based on religion. The Committee notes from the report of the United Nations Special Rapporteur on freedom of religion or belief concerning her mission to Angola in November 2007 that section 5 of Act No. 2/04 on freedom of religion, conscience and worship recognizes the principle of non-discrimination because of religious belief in employment (A/HRC/7/10/Add.1, 6 March 2008, paragraph 11). The Committee requests the Government to provide a copy of Act No. 2/04 and to indicate whether any violations of section 5 have been addressed by the competent authorities.
Special measures of protection. The Committee recalls that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by executive decree issued jointly by the ministries of labour and health. It notes the Government’s indication that this matter will be addressed as part of the planned legislative review. The Committee reminds the Government that protective measures with regard to women based on stereotypical perceptions of their abilities and their role in society violate the principle of equality of opportunity and treatment. The Committee requests the Government to take the necessary steps to ensure that protective measures for women are strictly limited to maternity protection, and requests the Government to keep it informed of progress made in this regard.

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

The Committee recalls that in previous observations it referred to the comments submitted by the National Union of Angolan Workers (UNTA) related to cases of age discrimination. The Committee notes that the Government indicates in this respect that the maximum age for eligibility to work in the public service is 35 years and that enterprises shall submit requests to employment centres for the workers they need. With respect to the maximum age requirement of 35 years, the Committee considers that such a requirement is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter or re-enter the labour market following an absence for maternity and child rearing. In this respect, the Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to take measures to ensure that women are not indirectly discriminated against in access to employment due to the maximum age requirement. The Committee requests the Government to provide information on the measures taken in this regard.
The Committee notes the Government’s indication that some resolutions were adopted in order to ensure women’s participation in the management of private and public entities and that a Gender Project is being implemented with the assistance of the ILO. The Government further indicates that in 2009 there were 319,003 employees in the public sector, of which 107,164 were women, and that there are no statistics concerning the informal economy. The Committee requests the Government to continue to supply statistical information and hopes that the Government will take the necessary measures to improve the collection of such data so as to include information on the representation of men and women in the different industries and occupations, as well as indications as to the representation of women in decision-making positions and the share of men and women considered to work in the informal economy.
The Committee further notes that the Government’s report contains no reply to certain points raised in its previous comments. The Committee is therefore bound to repeat its previous observation, which read in relevant parts, as follows:
Discrimination in practice. The Committee notes that, although the Government has put in place legal provisions concerning discrimination in employment and occupation, including sections 3 and 268 of the General Labour Act No. 2/00, discrimination continues to occur in practice. In its report the Government states that violations of the non-discrimination provisions occur particularly in the private sector where imbalances in the participation in decision-making positions and a tendency to exclude women during and after maternity can be observed. The Government previously reported that gender-based discrimination also exists in the informal economy. As noted by the Committee previously, there is also a significant gender imbalance in the judiciary and as regards management positions in the civil service.
In its report, the Government states that it was difficult to measure the incidence of gender-based discrimination as women do not file petitions or complaints due to shortcomings in the “legal culture”. The Government also states that it has made efforts to raise awareness of legal matters, particularly among women, by expanding information and education programmes on women’s rights, using different national languages and various forms of communication. Efforts were also being made to address discriminatory cultural and traditional practices still prevailing in the country, which, for instance, lead to unequal access of girls to education. The Government, in a very general manner, also refers to the National Strategy and Strategic Framework to Promote Gender Equality and the Rural Growth and Development Programme which includes a programme for the economic empowerment of women. The report refers to the preparation and use of gender-disaggregated data, although such data has not been provided.
  • (ii) The Committee encourages the Government to continue and intensify its efforts to raise awareness and understanding of the principle of non-discrimination and the related legislation among men and women, and requests the Government to indicate the specific activities carried out to this end. Given the reports of discrimination based on sex and pregnancy in the private sector, the Committee requests the Government to indicate the measures taken or envisaged to enhance the capacity of the labour inspectorate and other competent authorities to identify and address discrimination in employment and occupation. Please also provide information regarding whether the competent authorities have addressed any such cases, and if so, the results thereof.
  • (iii) The Committee considers that the Government should take specific and proactive measures to promote and ensure equality of opportunity and treatment of women in the civil service, including the judiciary, and it asks the Government to indicate any measures taken or envisaged in this regard, including measures to ensure that women have access to management positions on an equal footing with men.
The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Domestic workers and casual workers. The Committee recalls that casual workers and family workers are excluded from the scope of General Labour Act No. 2/00 (section 2(d) and (e)). In this regard, the Committee asks the Government to clarify whether the term “family work” in section 2(d) refers to work performed by a member of the family or whether it refers to a non-family member working as a household employee.

Sexual harassment. The Committee notes the Government’s indication that no records are available concerning cases of sexual harassment at the workplace. To prevent acts of violence and sexual harassment at the workplace, the Ministry of Family and Women’s Empowerment set up family counselling centres where experts such as psychologists and lawyers provide counselling services for victims of violence and sexual harassment. The Government also refers to efforts by the Government and the social partners to raise awareness among women of their rights. The Committee requests the Government to continue to provide information on the measures taken to prevent and address sexual harassment at work. Please indicate whether any awareness-raising campaigns specifically on the issue of sexual harassment have been undertaken.

Workers with family responsibilities. The Committee recalls that section 280 of the General Labour Act commits the State to implement progressively a national network of child-care facilities, including nurseries, day-care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. The Committee notes that 54 day-care centres in rural areas, in addition to the 69 existing ones, had been built in 2007 under the responsibility of the National Directorate for Children within the Ministry of Assistance and Reinsertion (MINARS). In addition, MINARS oversees 508 privately run day-care centres. The Committee requests the Government to continue to provide information on the implementation of section 280 of the General Labour Act, including on the provision of child-care services by enterprises.

Discrimination based on religion. The Committee notes from the report of the United Nations Special Rapporteur on freedom of religion or belief concerning her mission to Angola in November 2007 that section 5 of Act No. 2/04 on freedom of religion, conscience and worship recognizes the principle of non-discrimination because of religious belief in employment (A/HRC/7/10/Add.1, 6 March 2008, paragraph 11). The Committee requests the Government to provide a copy of Act No. 2/04 and to indicate whether any violations of section 5 have been addressed by the competent authorities.

Special measures of protection. The Committee recalls that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by executive decree issued jointly by the ministries of labour and health. It notes the Government’s indication that this matter will be addressed as part of the planned legislative review. The Committee reminds the Government that protective measures with regard to women based on stereotypical perceptions of their abilities and their role in society violate the principle of equality of opportunity and treatment. The Committee requests the Government to take the necessary steps to ensure that protective measures for women are strictly limited to maternity protection, and requests the Government to keep it informed of progress made in this regard.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the Government’s report and recalls the communication from the National Union of Angolan Workers (UNTA) dated 16 August 2007, which had been forwarded to the Government.

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

Further, the Committee notes that according to the UNTA a practice of fixing a maximum age of 35 years for recruitment has been observed. The Committee considers that such a practice is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter employment following an absence from the labour market for child rearing.

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

(i)    The Committee requests the Government to respond to the comments made by the UNTA. Concerned over the discriminatory effects of using age as a recruitment criteria, particularly on women, the Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to take measures to ensure that women are not indirectly discriminated against in access to employment on the basis of age. Please provide information on the measures taken in this regard.

(ii)   The Committee encourages the Government to continue and intensify its efforts to raise awareness and understanding of the principle of non-discrimination and the related legislation among men and women, and requests the Government to indicate the specific activities carried out to this end. Given the reports of discrimination based on sex and pregnancy in the private sector, the Committee requests the Government to indicate the measures taken or envisaged to enhance the capacity of the labour inspectorate and other competent authorities to identify and address discrimination in employment and occupation. Please also provide information regarding whether the competent authorities have addressed any such cases, and if so, the results thereof.

(iii)  The Committee considers that the Government should take specific and proactive measures to promote and ensure equality of opportunity and treatment of women in the civil service, including the judiciary, and it asks the Government to indicate any measures taken or envisaged in this regard, including measures to ensure that women have access to management positions on an equal footing with men.

(iv)   Noting that the Government has yet to provide statistical information on the situation of men and women in the labour market, the Committee hopes that the Government will take the necessary measures to collect and provide such data with its next report. This information should, as far as possible, include data on the representation of men and women in the different industries and occupations, as well as indications as to the representation of women in decision-making positions. Please also indicate the share of men and women considered to work in the informal economy and the measures taken to ensure their access to training and employment opportunities, irrespective of sex, race, religion or other grounds.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Domestic workers and casual workers. The Committee recalls that casual workers and family workers are excluded from the scope of General Labour Act No. 2/00 (section 2(d) and (e)). In this regard, the Committee asks the Government to clarify whether the term “family work” in section 2(d) refers to work performed by a member of the family or whether it refers to a non-family member working as a household employee.

Sexual harassment. The Committee notes the Government’s indication that no records are available concerning cases of sexual harassment at the workplace. To prevent acts of violence and sexual harassment at the workplace, the Ministry of Family and Women’s Empowerment set up family counselling centres where experts such as psychologists and lawyers provide counselling services for victims of violence and sexual harassment. The Government also refers to efforts by the Government and the social partners to raise awareness among women of their rights. The Committee requests the Government to continue to provide information on the measures taken to prevent and address sexual harassment at work. Please indicate whether any awareness-raising campaigns specifically on the issue of sexual harassment have been undertaken.

Workers with family responsibilities. The Committee recalls that section 280 of the General Labour Act commits the State to implement progressively a national network of child-care facilities, including nurseries, day-care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. The Committee notes that 54 day-care centres in rural areas, in addition to the 69 existing ones, had been built in 2007 under the responsibility of the National Directorate for Children within the Ministry of Assistance and Reinsertion (MINARS). In addition, MINARS oversees 508 privately run day‑care centres. The Committee requests the Government to continue to provide information on the implementation of section 280 of the General Labour Act, including on the provision of child-care services by enterprises.

Discrimination based on religion. The Committee notes from the report of the United Nations Special Rapporteur on freedom of religion or belief concerning her mission to Angola in November 2007 that section 5 of Act No. 2/04 on freedom of religion, conscience and worship recognizes the principle of non-discrimination because of religious belief in employment (A/HRC/7/10/Add.1, 6 March 2008, paragraph 11). The Committee requests the Government to provide a copy of Act No. 2/04 and to indicate whether any violations of section 5 have been addressed by the competent authorities.

Special measures of protection. The Committee recalls that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by executive decree issued jointly by the ministries of labour and health. It notes the Government’s indication that this matter will be addressed as part of the planned legislative review. The Committee reminds the Government that protective measures with regard to women based on stereotypical perceptions of their abilities and their role in society violate the principle of equality of opportunity and treatment. The Committee requests the Government to take the necessary steps to ensure that protective measures for women are strictly limited to maternity protection, and requests the Government to keep it informed of progress made in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and recalls the communication from the National Union of Angolan Workers (UNTA) dated 16 August 2007, which had been forwarded to the Government.

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

Further, the Committee notes that according to the UNTA a practice of fixing a maximum age of 35 years for recruitment has been observed. The Committee considers that such a practice is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter employment following an absence from the labour market for child rearing.

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

(i) The Committee requests the Government to respond to the comments made by the UNTA. Concerned over the discriminatory effects of using age as a recruitment criteria, particularly on women, the Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to take measures to ensure that women are not indirectly discriminated against in access to employment on the basis of age. Please provide information on the measures taken in this regard.

(ii) The Committee encourages the Government to continue and intensify its efforts to raise awareness and understanding of the principle of non-discrimination and the related legislation among men and women, and requests the Government to indicate the specific activities carried out to this end. Given the reports of discrimination based on sex and pregnancy in the private sector, the Committee requests the Government to indicate the measures taken or envisaged to enhance the capacity of the labour inspectorate and other competent authorities to identify and address discrimination in employment and occupation. Please also provide information regarding whether the competent authorities have addressed any such cases, and if so, the results thereof.

(iii) The Committee considers that the Government should take specific and proactive measures to promote and ensure equality of opportunity and treatment of women in the civil service, including the judiciary, and it asks the Government to indicate any measures taken or envisaged in this regard, including measures to ensure that women have access to management positions on an equal footing with men.

(iv) Noting that the Government has yet to provide statistical information on the situation of men and women in the labour market, the Committee hopes that the Government will take the necessary measures to collect and provide such data with its next report. This information should, as far as possible, include data on the representation of men and women in the different industries and occupations, as well as indications as to the representation of women in decision-making positions. Please also indicate the share of men and women considered to work in the informal economy and the measures taken to ensure their access to training and employment opportunities, irrespective of sex, race, religion or other grounds.

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

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

The Committee notes the communication from the National Union of Angolan Workers (UNTA), dated 16 August 2007, on the application of the Convention. The Committee notes that this communication deals with age restrictions on access to certain public sector jobs, inequalities in conditions of work for foreigners and nationals, and sections 269 and 284 of the General Labour Act No. 2/00 of 2000 on protective measures with regard to minors and women. The Committee will examine the abovementioned points together with any reply from the Government at its next session.

1. Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that men and women engaged in domestic or casual work were excluded from the scope of application of the General Labour Act No. 2/00 of 2000 (section 2). The Committee also emphasized that these workers are often women who are steered into precarious jobs, especially in the informal economy. The Committee notes from the Government’s report that gender-based discrimination may exist in practice in the informal sector. The Committee notes with interest that provisions are being drafted to protect domestic and casual workers. The Committee hopes that these new provisions will protect these workers against discrimination in access to employment and training on all the grounds listed in the Convention and requests the Government to send a copy of the provisions.

2. Sexual harassment. The Committee recalls that sexual harassment in the workplace is on the increase in both the informal and formal economies, but that very few cases are reported and a need exists to educate women on this issue (CEDAW/C/AGO/1-3, November 2002, page 20). The Committee notes that the Government has not supplied any information on this point. The Committee requests the Government once again to provide information on specific measures taken or envisaged to prevent and prohibit sexual harassment in employment and occupation.

3. Non-discrimination on the basis of political opinions. The Committee notes the Government’s statement that the principle of non-discrimination on the basis of political opinion is guaranteed by article 18 of the Constitution concerning the equality of citizens before the law without distinction of religion or ideology and by article 32 of the Constitution concerning freedom of expression. The Committee also notes that article 4 of the Constitution authorizes the existence of political parties. The Committee considers that the introduction of explicit protection against discrimination on the basis of political opinion would result in better application of the Convention. The Committee requests the Government to supply information on the possibility of incorporating this protection into the legislation and to send information on how it guarantees in practice equal access to employment and training without distinction in respect of political opinion. Noting that the Government does not supply any information on the application of the principle of the Convention to the other grounds for discrimination prohibited under the Convention, namely race, colour, religion, national extraction or social origin, the Committee requests the Government to supply information in this respect.

4. Article 2. National policy. In its previous comments, the Committee noted that working women are normally the most exposed to violation of labour legislation by the employers because of their lack of knowledge of their rights and their vulnerable position in the labour market (CEDAW/C/AGO/4-5, June 2004, page 12). The Committee also notes that the lack of information on violations of Decree 11/03 of 11 March 2003 does not necessarily imply that no discrimination exists with regard to access to employment and training and might, among other things, be evidence of a lack of knowledge of the basic principle of the Convention and of a lack of effective remedies for dealing with complaints. In view of this finding, the Committee again requests the Government to supply information on the measures intended to improve knowledge and understanding of the principle of the Convention on the part of workers and employers. The Committee requests the Government once again to supply detailed information on the measures taken or envisaged to guarantee and enforce the provisions of section 268 of the General Labour Act concerning non-discrimination and equality and of Decree 11/03 prohibiting discrimination against workers in the selection and evaluation process.

5. Article 3(d). Access of women to the public service and the judiciary. In its previous comments, the Committee noted that a significant gender imbalance exists in the judiciary. The Committee also noted that the majority of female civil servants (75 per cent) belong to the administrative and auxiliary staff, and that they account for a very low proportion of national directors and heads of department. The Committee notes from the Government’s report that the principle of equal access to the public service is guaranteed through the selection of candidates by public competition. The Committee notes that the existence of a public competition does not rule out the possibility of discrimination with respect to it. The Committee reminds the Government that discrimination towards women can exist when the public authority administers unequal treatment to individuals or members of the same group who are entitled to the same rights or advantages (General Survey, 1998, page 24). In view of the above, the Committee requests the Government to include information in its next report on the measures taken to guarantee the effective application of the principle of the Convention in the public service and the judiciary, including measures intended to promote the access of women to posts at higher management and director level, and the results achieved in this regard.

6. Article 3(e). Equal access of women to vocational training and education. Noting that the Government does not supply any information on the access of girls and women to vocational training and education, the Committee requests the Government once again to provide information on the following: (a) the effective measures taken to promote the access of girls in rural and urban areas to primary education; (b) the measures taken to set up programmes to reduce the female illiteracy rate; and (c) the measures aiming to enhance women’s participation in training institutions, including in non-traditional courses, through, for example, adult literacy programmes and out-of-school education for women, and flexible training schedules.

7. Article 5. Special protective measures for women. The Committee notes that the Government does not supply any information on the revision of the list of jobs which are prohibited for women, drawn up pursuant to section 269(4) of the General Labour Act of 2000 concerning workers with family responsibilities. The Committee reminds the Government that protective measures with regard to women based on stereotypical perceptions of their abilities and their role in society violate the principle of equality of opportunity and treatment. The Committee requests the Government to take the necessary steps to ensure that protective measures for women are strictly limited to maternity protection, and request the Government to keep it informed of progress made in this field.

8. Application of the principle of the Convention. In its previous comments, the Committee noted the difficult economic situation in which the Labour Inspectorate was obliged to function (2004 observation, Labour Inspection Convention, 1947 (No. 81)). The Committee notes that the Government does not supply any information in its report on the application of the principle of the Convention. While remaining aware of the difficulties encountered by the Labour Inspectorate and the public authorities with regard to the effective application of the principle of the Convention, the Committee requests the Government to do its utmost to guarantee the effective application of the principles of the Convention. The Committee requests the Government to supply information on the measures taken to reinforce observance of the principle of equal access to employment and training, including on the activities of the Labour Inspectorate to promote equality in employment and training and on any court decisions issued in this respect.

9. Part V of the report form. Statistics. The Committee notes that statistics on the public service, disaggregated by sex, are still not available. The Committee hopes that the Government will be able to send all available statistical information in its next report.

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

The Committee notes that for several years the Government’s report has not replied to many of the points raised in its comments. The Committee is aware that because of the crisis in the country and its social and economic consequences, the collection of data on discrimination in access to employment and training is difficult. The Committee also notes that there may be difficulties in drawing up reports because of institutional and administrative shortcomings. Taking due account of this context, the Committee hopes that the Government will do its utmost, in so far as the means are available, to send in its next report full information on the administrative, legislative or other measures that aim expressly to eliminate discrimination on all the grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in employment and occupation. The Committee likewise asks the Government to provide full information on the manner in which the Convention is applied in practice, in accordance with Parts II–V of the report form. It reminds the Government that in order to meet fully its obligation to report on the Convention, the Government may seek technical assistance from the Office should it so wish.

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

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

The Committee notes once again that the Government’s report does not respond to many of the points made in its previous comments nor does it contain information allowing the Committee to assess the progress made with respect to the application of the Convention. However, the Committee also notes the detailed information and statistics provided by the Government in its reports submitted to the Committee on the Elimination of Discrimination against Women (CEDAW/C/AGO/1-3, November 2002 and CEDAW/C/AGO/4-5, June 2004), which are also relevant to the application of Convention No. 111.

1. Article 1 of the Convention. Scope of application. For a number of years, the Committee has been requesting the Government to provide information on how men and women engaged in domestic work or casual work - who are excluded from the application of the General Labour Act No. 2/00 of 2000 (section 2) - are protected against discrimination as provided by the Convention. Noting that the great majority of women are steered into precarious jobs especially in the informal economy - jobs which often include casual and domestic work - the Committee recalls that the principles of Convention No. 111 apply to all workers. It urges the Government to provide such information in its next report.

2. Sexual harassment. The Committee notes that sexual harassment in the workplace has been increasing in both the informal and formal economy, but that very few cases are being reported and that a need exists to educate women on this issue (CEDAW/C/AGO/1-3, November 2002, page 16). In the absence of any information in the Government’s report on this point, the Committee recalls its 2002 general observation on the issue and requests the Government to indicate the specific measures taken or envisaged to prevent and prohibit sexual harassment in employment and occupation and to raise awareness about the issue in both the formal and informal economies.

3. Non-discrimination on the basis of political opinion. In the absence of any information in the Government’s report on this point, the Committee is bound to repeat its previous requests to the Government to indicate whether Decrees Nos. 2/95 and 3/95 of 24 March 1995, cited in its 1995 report, remain in force.

4. Article 2. Application of the national policy. The Committee notes that "working women are normally the most exposed to violation of labour legislation by the employers" due to their lack of knowledge of their rights and their vulnerable position in the labour market (CEDAW/C/AGO/4-5, June 2004, page 10). In light of these findings, the Committee reiterates its request to the Government to provide detailed information on: (i) the measures taken or contemplated to implement the non-discrimination and equality provisions in section 268 of the General Labour Act, including promotional activities, guidance provided in labour inspections and other enforcement officials and dissemination of information on the provisions of the General Labour Act of 2000 to workers and employers; and (ii) the enforcement, including any judicial decisions, of Decree No. 11/03 of 11 March 2003 penalizing discrimination of workers in the selection and evaluation process. Please include information on the application of these provisions with regard to the other prohibited grounds of discrimination covered by the Convention such as race, colour, religion, political opinion, national extraction and social origin.

5. Article 3(d). Access of women to the public service and the judiciary. The Committee notes that a significant gender imbalance exists in the judiciary where women represent only 8 per cent of the Supreme Court judges, 11 per cent of the law judges and 12 per cent of the public magistrates. Available data on the civil service indicate that the majority of female civil servants (75 per cent) belong to the administrative and assistance staff and that women only represent 7 per cent of the national directors and 11 per cent of heads of departments (CEDAW/C/AGO/4-5, June 2004, page 25). The Committee requests the Government to provide information in its next report on the measures taken to promote the employment of women at the higher levels in the public service and the judiciary, and the progress made in this regard.

6. Article 3(e). Equal access of women to vocational training and education. The Committee notes the very high illiteracy rates of the female economically active population (70 per cent) with illiteracy rates for rural women being as high as 90 per cent. It notes that one of the main reasons for poor-quality jobs held by women is the very low or non-existent level of schooling, and that rural women are particularly marginalized in the education system. Furthermore, vocational training for women is geared towards administration, secretarial work, sewing, garment making and cooking and, at the university level, women prefer to go into areas of teaching, economic and legal sciences, medicine, engineering and agrarian sciences, which, according to the report, reflects certain preconceptions regarding the professional options for women. Noting that equal access to education is an area of concern of the Strategy and Strategic Framework for the Promotion of Gender Equality by the Year 2005, the Committee asks the Government to send information on the effective measures taken to promote the access of girls in rural and urban areas to primary and secondary education establishments and to set up programmes to reduce the female illiteracy rate. Please also include information on the measures to enhance women’s participation in training institutions, including in non-traditional courses, through, for example, adult literacy programmes and out-of-school education for women, and flexible training schedules.

7. Article 5. Special measures. In light of its previous comments stressing the importance of childcare facilities to facilitate women’s access to employment, vocational training and improve their conditions of work, the Committee hopes that the Government will include information in its next reports on the measures taken to implement section 280 of the General Labour Act No. 2/00 of 2000 benefiting workers with family responsibilities. Please also indicate whether any initiative has been taken by the Government to review the list of jobs women are precluded from performing referred to in section 269(4) of the Act taking into account the Committee’s views expressed in previous comments regarding the need to periodically review protective legislation applying to women in light of equality of opportunity and treatment, and of current scientific knowledge and technology relevant to these jobs.

8. Labour inspection. For several years the Committee has asked the Government to provide detailed information on the activities of the labour inspectorate in ensuring the effective application of the provisions of the Convention. Taking into account its 2004 observation on the application by Angola of the Labour Inspection Convention, 1947 (No. 81), which noted the difficult economic situation in which the labour inspectorate has to operate, the Committee requests the Government to provide whatever information is available indicating the manner in which it is monitoring and ensuring compliance with the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the brief report submitted by the Government.

1. The Committee takes note with interest of the enactment of the Decree No. 11/03 of 11 March 2003 that penalizes discrimination of workers in the selection and evaluation process and hopes that this new regulation will result in an improved application of the Convention in practice. It asks the Government to provide information in its next report on the enforcement of this law, including copies of any legal decisions in cases of violations based on this legislation.

2. The Committee, noting that the Government has not provided any information related to its general observation of 2002 on sexual harassment, hopes that the Government will provide information on this matter with its next report.

3. The Committee notes with regret that the very brief report does not reply once more to its comments raised in its previous direct requests, which read as follows:

The Committee requests the Government to clarify how men and women engaged in domestic work or casual work, who are also excluded from the application of the Act (section 2(d) and (e)), are protected from discrimination as provided for under the Convention. The Committee also reiterates its request to the Government to provide detailed information on the measures taken or contemplated to implement the non-discrimination and equality provisions expressed in section 268 of the General Labour Act, including promotional activities, guidance to the labour inspectorate and other enforcement officials, and dissemination of information on the provisions of the Act to workers and employers.

1. Non-discrimination on the basis of sex. Referring to its earlier comments on the situation of women employed in the public service, the Committee notes the Government’s statement that, in its next report, it will provide the requested statistics on the number of women in the public service and their distribution at the various levels of responsibility. The Committee requests the Government to supply information on the measures taken to promote the employment of women at higher levels in the public service.

2. The Committee notes with interest the maternity protection provided in sections 272 through 280 of the newly adopted General Labour Act. It also notes the Government’s undertaking, in section 280, to implement progressively a national network of childcare facilities, including nurseries, day care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. In light of the importance of childcare services to women’s access to employment and to their terms and conditions of work, the Committee would be grateful if the Government would continue to provide information in future reports on the measures taken to implement these provisions benefiting workers with family responsibilities.

3. The Committee notes that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by executive decree issued jointly by the ministries of labour and health. The Committee requests the Government to supply a copy of said list with its next report. In this regard, the Committee recalls that all protective legislation applying to women should be reviewed periodically in light of equality of opportunity and treatment and of the current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance, and that it should be maintained, repealed, or extended to men as appropriate. The Committee expresses the hope that the list referred to in section 269(4) of the Act will be formulated in light of the considerations mentioned above and it requests the Government to keep it informed of any such review, and its findings.

4. Non-discrimination on the basis of political opinion. The Committee requests the Government to indicate whether Decrees Nos. 2/95 and 3/95 of 24 March 1995, cited in its 1995 report, remain in force and, if so, to please supply copies of these decrees to the Office.

5. Labour inspection. The Committee once again requests the Government to provide detailed information on the activities of the labour inspectorate in ensuring the effective application of the provisions of the Convention, including information on the number of inspections conducted, the number and type of violations registered, the action taken and the outcomes.

The Committee once more asks the Government to take the necessary measures to provide replies to these points with its next report.

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

The Committee notes the very brief report of the Government and the explanations given in reply to its previous observation concerning those groups of workers who are excluded from the General Labour Act, No. 2/00 of 11 February 2000. The Committee notes in particular that public officials are covered by civil service legislation and that employees of diplomatic and consular representations and international organizations are only excluded from the General Labour Act as far as they enjoy diplomatic status. The Committee requests the Government to clarify how men and women engaged in domestic work or casual work, who are also excluded from the application of the Act (section 2(d) and (e)), are protected from discrimination as provided for under the Convention. The Committee also reiterates its request to the Government to provide detailed information on the measures taken or contemplated to implement the non-discrimination and equality provisions expressed in section 268 of the General Labour Act, including promotional activities, guidance to the labour inspectorate and other enforcement officials, and dissemination of information on the provisions of the Act to workers and employers.

The Committee notes that no replies were provided by the Government to its previous direct request which read as follows:

1. Non-discrimination on the basis of sex. Referring to its earlier comments on the situation of women employed in the public service, the Committee notes the Government’s statement that, in its next report, it will provide the requested statistics on the number of women in the public service and their distribution at the various levels of responsibility. The Committee requests the Government to supply information on the measures taken to promote the employment of women at higher levels in the public service.

2. The Committee notes with interest the maternity protection provided in sections 272 through 280 of the newly adopted General Labour Act. It also notes the Government’s undertaking, in section 280, to implement progressively a national network of childcare facilities, including nurseries, day care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. In light of the importance of childcare services to women’s access to employment and to their terms and conditions of work, the Committee would be grateful if the Government would continue to provide information in future reports on the measures taken to implement these provisions benefiting workers with family responsibilities.

3. The Committee notes that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by executive decree issued jointly by the ministries of labour and health. The Committee requests the Government to supply a copy of said list with its next report. In this regard, the Committee recalls that all protective legislation applying to women should be reviewed periodically in light of equality of opportunity and treatment and of the current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance, and that it should be maintained, repealed, or extended to men as appropriate. The Committee expresses the hope that the list referred to in section 269(4) of the Act will be formulated in light of the considerations mentioned above and it requests the Government to keep it informed of any such review, and its findings.

4. Non-discrimination on the basis of political opinion. The Committee requests the Government to indicate whether Decrees Nos. 2/95 and 3/95 of 24 March 1995, cited in its 1995 report, remain in force and, if so, to please supply copies of these decrees to the Office.

5. Labour inspection. The Committee once again requests the Government to provide detailed information on the activities of the labour inspectorate in ensuring the effective application of the provisions of the Convention, including information on the number of inspections conducted, the number and type of violations registered, the action taken and the outcomes.

The Committee hopes that the Government will take the necessary action to provide the requested information in the very near future.

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

1.  Non-discrimination on the basis of sex.  Referring to its earlier comments on the situation of women employed in the public service, the Committee notes the Government’s statement that, in its next report, it will provide the requested statistics on the number of women in the public service and their distribution at the various levels of responsibility. The Committee requests the Government to supply information on the measures taken to promote the employment of women at higher levels in the public service.

2.  The Committee notes with interest the maternity protection provided in sections 272 through 280 of the newly adopted General Labour Act. It also notes the Government’s undertaking, in section 280, to implement progressively a national network of childcare facilities, including nurseries, day-care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. In light of the importance of childcare services to women’s  access to employment and to their terms and conditions of work, the Committee would be grateful if the Government would continue to provide information in future reports on the measures taken to implement these provisions benefiting workers with family responsibilities.

3.  The Committee notes that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by Executive Decree issued jointly by the Ministries of Labour and Health. The Committee requests the Government to supply a copy of said list with its next report. In this regard, the Committee recalls that all protective legislation applying to women should be reviewed periodically in light of equality of opportunity and treatment and of the current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance, and that it should be maintained, repealed, or extended to men as appropriate. The Committee expresses the hope that the list referred to in section 269(4) of the Act will be formulated in light of the considerations mentioned above and it requests the Government to keep it informed of any such review, and its findings.

4.  Non-discrimination on the basis of political opinion.  The Committee requests the Government to indicate whether Decrees Nos. 2/95 and 3/95 of 24 March 1995, cited in its 1995 report, remain in force and, if so, to please supply copies of these decrees to the Office.

5.  Labour inspection.  The Committee once again requests the Government to provide detailed information on the activities of the labour inspectorate in ensuring the effective application of the provisions of the Convention, including information on the number of inspections conducted, the number and type of violations registered, the action taken and the outcomes.

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

The Committee notes the enactment of the General Labour Act, No. 2/00 of 11 February 2000. It notes with interest that section 3(1) of the Act establishes that all citizens are entitled to freely-chosen employment and equality of opportunity, without discrimination on the basis of race, colour, sex, ethnic origin, civil status, social status, religious or political beliefs, union affiliation or language. It also notes with interest that section 20(2)(b) of the Act renders null and void any discriminatory clauses in the employment contract on the basis of age, employment, occupation, salary, seniority or other terms and conditions of employment, factors related to race, colour, sex, citizenship, ethnic origin, civil status, social status, religious or political beliefs, union affiliation, family relationship with another worker, and language. The Committee also notes with interest that section 268 of the Act guarantees women the right to equal treatment and prohibits sex-based discrimination in the workplace, particularly equal access to employment and occupation, equal access to and equal treatment in relation to vocational and on-the-job training, as well as in relation to the classification of jobs and opportunities for advancement. The Committee notes that the Act applies to non-resident foreign workers (section 1(3)), but excludes from its coverage civil servants and other state employees, permanent employees of consular offices or international organizations, partners in private-sector cooperatives or other non-governmental organizations, home work and casual work (section 2). In view of these exclusions, the Committee would appreciate receiving information on the manner in which the principles of the Convention are applied to these categories of workers not covered by the Act. The Committee also requests the Government to provide detailed information on the measures taken or contemplated to implement the non-discrimination and equality provisions expressed in section 268 of the General Labour Act, including promotional activities, guidance to the labour inspectorate and other enforcement officials, and dissemination of information on the provisions of the Act to workers and employers.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

1. The Government's report, responding to the Committee's previous observation, states that the draft of the new General Labour Act has not yet been adopted. Accordingly, the Government is asked to keep the Committee informed of the progress of the adoption of the draft text, and to provide a copy of the proposed law when it is ultimately enacted, as well as copies of any new laws, regulations or decrees that may be adopted relevant to the principles of the Convention.

2. The Government is requested to provide copies of Decrees Nos. 2/95 and 3/95 of 24 March 1995, referenced in the Government's report, as these were not received.

3. The Committee notes that the Government's report does not respond to the questions raised by the Committee in points 2, 3 and 4 of its previous direct request, which read as follows:

2. Having noted the particularly low number of women employed in the public service in 1988, the Committee in its previous comments requested the Government to provide it with information on the development of the situation since 1988. In its report the Government states that there are no new statistics to transmit to the Committee. The Committee therefore hopes that the Government will be in a position to supply information in its next report on developments in the employment of women in the public service, as well as recent statistics on the number of women employed there and their distribution at the various levels of responsibility.

3. Article 2 of the Convention. The Committee notes that the Government has not provided any information concerning the effective implementation of the principles set out in the Convention, namely the declaration and perusal of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. It recalls that the mere declaration of the principle of equality in the Constitution or the legislation is not sufficient to ensure its application in practice. Indeed, certain forms of discrimination are not principally caused by a desire to discriminate or by the provisions of laws or regulations, but by behaviour, attitudes and manifestations of prejudice against which action should be taken under the national policy (see Chapter IV of the General Survey on equality in employment and occupation of 1988). The Committee therefore reiterates its request for information on any measure that has been taken or is envisaged in the context of a national policy to ensure the effective promotion of equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, as well as on the results achieved, particularly with regard to: (a) access to vocational training and, in particular, the number and percentage of men and women who have benefited from the vocational training provided by the various training establishments set up under Decree No. 30/91 of 5 July 1991, and the number of women trained by the Organization of Women of Angola (OMA); (b) access to employment and to particular occupations; and (c) terms and conditions of employment, and particularly the measures taken to promote equality of opportunity and treatment.

4. Noting that, according to the Government's report, the labour inspectorate is responsible, through inspections of enterprises, for the application of the Convention, the Committee requests the Government to provide detailed information on the action taken in practice by labour inspectors for the effective application of the provisions of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes from the Government's report in response to its previous observation that the draft General Labour Act has not yet been adopted.

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

[The Government is asked to supply full particulars to the Conference at its 87th Session.]

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

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:

1. The Committee notes the information supplied by the Government in its report, and particularly the Government's statements concerning the activities of the Association of Women in Undertakings (ASSOMEL) to promote equality of opportunity and treatment without discrimination on the ground of sex.

2. Having noted the particularly low number of women employed in the public service in 1988, the Committee in its previous comments requested the Government to provide it with information on the development of the situation since 1988. In its report the Government states that there are no new statistics to transmit to the Committee. The Committee therefore hopes that the Government will be in a position to supply information in its next report on developments in the employment of women in the public service, as well as recent statistics on the number of women employed there and their distribution at the various levels of responsibility.

3. Article 2 of the Convention. The Committee notes that the Government has not provided any information concerning the effective implementation of the principles set out in the Convention, namely the declaration and perusal of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. It recalls that the mere declaration of the principle of equality in the Constitution or the legislation is not sufficient to ensure its application in practice. Indeed, certain forms of discrimination are not principally caused by a desire to discriminate or by the provisions of laws or regulations, but by behaviour, attitudes and manifestations of prejudice against which action should be taken under the national policy (see Chapter IV of the General Survey on Equality in Employment and Occupation of 1988). The Committee therefore reiterates its request for information on any measure that has been taken or is envisaged in the context of a national policy to ensure the effective promotion of equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, as well as on the results achieved, particularly with regard to: (a) access to vocational training and, in particular, the number and percentage of men and women who have benefited from the vocational training provided by the various training establishments set up under Decree No. 30/91 of 5 July 1991, and the number of women trained by the Organization of Women of Angola (OMA); (b) access to employment and to particular occupations; and (c) terms and conditions of employment, and particularly the measures taken to promote equality of opportunity and treatment.

4. Noting that, according to the Government's report, the labour inspectorate is responsible, through inspections of enterprises, for the application of the Convention, the Committee requests the Government to provide detailed information on the action taken in practice by labour inspectors for the effective application of the provisions of the Convention.

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

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

1. The Committee notes that the draft of the new General Labour Act, to which it referred in its previous comments, has been approved by the Council of Ministers and has been submitted to the National Assembly for final adoption. The Committee hopes that the Government will continue to keep it informed of the progress made in the adoption of this draft text and would be grateful to receive a copy of it when it has been adopted, as well as of any new regulation or Decree adopted in this field that is related to the principle of equality in employment and occupation embodied in the Convention. 2. With regard to its previous observation on the legislative protection against discrimination on the ground of political opinion, the Committee notes with interest the Government's statement that the term "ideology" contained in section 18 of Act No. 23/92 has to be understood as a synonym of the expression "political opinion". It also notes with interest the Government's statement that Decrees Nos. 2/95 and 3/95 of 24 March 1995 repeal Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University (which provided that the University Council shall ensure the political and ideological training of the University's administrative staff and graduates) and section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the University's teaching staff (which provided that the duties of teachers shall include assisting students in their political and ideological training). The Committee would be grateful if the Government would provide a copy of these new Decrees. 3. 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 1996, published 85th ILC session (1997)

1. The Committee notes the information supplied by the Government in its report, and particularly the Government's statements concerning the activities of the Association of Women in Undertakings (ASSOMEL) to promote equality of opportunity and treatment without discrimination on the ground of sex.

2. Having noted the particularly low number of women employed in the public service in 1988, the Committee in its previous comments requested the Government to provide it with information on the development of the situation since 1988. In its report the Government states that there are no new statistics to transmit to the Committee. The Committee therefore hopes that the Government will be in a position to supply information in its next report on developments in the employment of women in the public service, as well as recent statistics on the number of women employed there and their distribution at the various levels of responsibility.

3. Article 2 of the Convention. The Committee notes that the Government has not provided any information concerning the effective implementation of the principles set out in the Convention, namely the declaration and perusal of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. It recalls that the mere declaration of the principle of equality in the Constitution or the legislation is not sufficient to ensure its application in practice. Indeed, certain forms of discrimination are not principally caused by a desire to discriminate or by the provisions of laws or regulations, but by behaviour, attitudes and manifestations of prejudice against which action should be taken under the national policy (see Chapter IV of the General Survey on Equality in Employment and Occupation of 1988). The Committee therefore reiterates its request for information on any measure that has been taken or is envisaged in the context of a national policy to ensure the effective promotion of equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, as well as on the results achieved, particularly with regard to: (a) access to vocational training and, in particular, the number and percentage of men and women who have benefited from the vocational training provided by the various training establishments set up under Decree No. 30/91 of 5 July 1991, and the number of women trained by the Organization of Women of Angola (OMA); (b) access to employment and to particular occupations; and (c) terms and conditions of employment, and particularly the measures taken to promote equality of opportunity and treatment.

4. Noting that, according to the Government's report, the labour inspectorate is responsible, through inspections of enterprises, for the application of the Convention, the Committee requests the Government to provide detailed information on the action taken in practice by labour inspectors for the effective application of the provisions of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes that the draft of the new General Labour Act, to which it referred in its previous comments, has been approved by the Council of Ministers and has been submitted to the National Assembly for final adoption. The Committee hopes that the Government will continue to keep it informed of the progress made in the adoption of this draft text and would be grateful to receive a copy of it when it has been adopted, as well as of any new regulation or Decree adopted in this field that is related to the principle of equality in employment and occupation embodied in the Convention.

2. With regard to its previous observation on the legislative protection against discrimination on the ground of political opinion, the Committee notes with interest the Government's statement that the term "ideology" contained in section 18 of Act No. 23/92 has to be understood as a synonym of the expression "political opinion". It also notes with interest the Government's statement that Decrees Nos. 2/95 and 3/95 of 24 March 1995 repeal Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University (which provided that the University Council shall ensure the political and ideological training of the University's administrative staff and graduates) and section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the University's teaching staff (which provided that the duties of teachers shall include assisting students in their political and ideological training). The Committee would be grateful if the Government would provide a copy of these new Decrees.

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

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous direct request, the Committee notes that the Association of Women in Undertakings (ASSOMEL) is endeavouring to organize women entrepreneurs and traders with a view to protecting their rights. The Committee requests the Government to supply information on the activities of the above Association.

2. The Committee recalls that it noted that the number of women employees in the public administration was particularly low in 1988. It drew the Government's attention to the fact that this situation could be improved by the adoption of positive measures to promote the employment of women in the public administration. It notes that the Government states that it does not have at its disposal up-to-date statistics on the basis of which the Committee could assess the manner in which the situation is developing. It hopes that the Government will be in a position to supply information with its next report on the development of the employment of women in the public service, as well as recent statistics on the number of women who are employed in the public service and their distribution at the various levels of responsibility.

3. Article 2 of the Convention. The Committee would be grateful if the Government would supply information in its next report on any measure which has been taken in the context of a national policy for the effective promotion of equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, and on the results achieved, particularly with regard to:

(a) access to vocational training and, in particular, the number and percentage of men and women who have benefited from the vocational training provided by the various training establishments set up under Decree No. 30/91 of 5 July 1991, and the number of women trained by the Organization of Women of Angola (OMA);

(b) access to employment and to particular occupations;

(c) terms and conditions of employment, and particularly the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and guidance for which the Government is directly responsible;

(ii) by legislation and through educational programmes;

(iii) with the cooperation of the organizations of employers and workers and other appropriate organizations, particularly with regard to employment in the private sector and matters which are not covered by collective agreements.

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

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:

1. Further to its previous direct request, the Committee notes that the Association of Women in Undertakings (ASSOMEL) is endeavouring to organize women entrepreneurs and traders with a view to protecting their rights. The Committee requests the Government to supply information on the activities of the above Association.

2. The Committee recalls that it noted that the number of women employees in the public administration was particularly low in 1988. It drew the Government's attention to the fact that this situation could be improved by the adoption of positive measures to promote the employment of women in the public administration. It notes that the Government states that it does not have at its disposal up-to-date statistics on the basis of which the Committee could assess the manner in which the situation is developing. It hopes that the Government will be in a position to supply information with its next report on the development of the employment of women in the public service, as well as recent statistics on the number of women who are employed in the public service and their distribution at the various levels of responsibility.

3. Article 2 of the Convention. The Committee would be grateful if the Government would supply information in its next report on any measure which has been taken in the context of a national policy for the effective promotion of equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, and on the results achieved, particularly with regard to:

(a) access to vocational training and, in particular, the number and percentage of men and women who have benefited from the vocational training provided by the various training establishments set up under Decree No. 30/91 of 5 July 1991, and the number of women trained by the Organization of Women of Angola (OMA);

(b) access to employment and to particular occupations;

(c) terms and conditions of employment, and particularly the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and guidance for which the Government is directly responsible;

(ii) by legislation and through educational programmes;

(iii) with the cooperation of the organizations of employers and workers and other appropriate organizations, particularly with regard to employment in the private sector and matters which are not covered by collective agreements.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with interest the Government's statement that the draft of the new General Labour Act is being discussed. The Committee hopes that the Government will keep it informed on the progress of the above draft and of any new regulations or decrees adopted in connection with it, which have a bearing on the principles of the Convention.

2. With reference to its previous comments, the Committee recalls once more that the provisions of the Constitution of 1992 which enshrine the equality of all citizens before the law, without any distinction, do not mention political opinion. The Committee notes with interest in this connection that section 18 of Act No. 23/92 enacting the revision of the Constitution, includes "ideology" among the criteria on which the equality of citizens is established. The Committee understands that the term "ideology" applies to political opinion and would be grateful if the Government would clarify in its next report that the term "ideology" covers the expression or demonstration of political opinions, in accordance with the the Convention, taking into account paragraph 57 of the Committee's 1988 General Survey on Equality in Employment and Occupation.

3. With regard to access to education and training, university courses and educational guidance, the Committee recalls that the Government stated in its previous report that far-reaching and comprehensive reforms were under way particularly in the teaching sector. In its earlier comments the Committee noted that section 6(5)(e) of Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University provides that the University Council shall ensure the political and ideological training of university administrative staff and graduates. The Committee also noted that section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the University's teaching staff provides that the duties of teachers should include assisting students in their political and ideological training. The Committee notes the Government's statement in its previous report that the removal of all ideological references from the Constitution and the fact that the MPLA-PT is no longer in power imply that any provision which is inconsistent, such as the one in above-mentioned Decree No. 17/89, is without effect. The Committee considers that if the legislation were to be amended expressly in this way, any ambiguity regarding requirements of a political or ideological nature affecting the teaching sector would be removed. Consequently, the Committee trusts that the Government will be able to provide information in its next report on progress made in so amending the legislation.

4. The Committee raises a number of other points in a request addressed directly to the Government.

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

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

1. The Committee notes with interest the Government's statement that the draft of the new General Labour Act is being discussed. The Committee hopes that the Government will keep it informed on the progress of the above draft and of any new regulations or decrees adopted in connection with it, which have a bearing on the principles of the Convention. 2. With reference to its previous comments, the Committee recalls once more that the provisions of the Constitution of 1992 which enshrine the equality of all citizens before the law, without any distinction, do not mention political opinion. The Committee notes with interest in this connection that section 18 of Act No. 23/92 enacting the revision of the Constitution, includes "ideology" among the criteria on which the equality of citizens is established. The Committee understands that the term "ideology" applies to political opinion and would be grateful if the Government would clarify in its next report that the term "ideology" covers the expression or demonstration of political opinions, in accordance with the Convention, taking into account paragraph 57 of the Committee's 1988 General Survey on Equality in Employment and Occupation. 3. With regard to access to education and training, university courses and educational guidance, the Committee recalls that the Government stated in its previous report that far-reaching and comprehensive reforms were under way particularly in the teaching sector. In its earlier comments the Committee noted that section 6(5)(e) of Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University provides that the University Council shall ensure the political and ideological training of university administrative staff and graduates. The Committee also noted that section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the University's teaching staff provides that the duties of teachers should include assisting students in their political and ideological training. The Committee notes the Government's statement in its previous report that the removal of all ideological references from the Constitution and the fact that the MPLA-PT is no longer in power imply that any provision which is inconsistent, such as the one in above-mentioned Decree No. 17/89, is without effect. The Committee considers that if the legislation were to be amended expressly in this way, any ambiguity regarding requirements of a political or ideological nature affecting the teaching sector would be removed. Consequently, the Committee trusts that the Government will be able to provide information in its next report on progress made in so amending the legislation. 4. The Committee raises a number of 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 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report.

1. Further to its previous direct request, the Committee notes that the Association of Women in Undertakings (ASSOMEL) is endeavouring to organize women entrepreneurs and traders with a view to protecting their rights. The Committee requests the Government to supply information on the activities of the above Association.

2. The Committee recalls that it noted that the number of women employees in the public administration was particularly low in 1988. It drew the Government's attention to the fact that this situation could be improved by the adoption of positive measures to promote the employment of women in the public administration. It notes that the Government states that it does not have at its disposal up-to-date statistics on the basis of which the Committee could assess the manner in which the situation is developing. It hopes that the Government will be in a position to supply information with its next report on the development of the employment of women in the public service, as well as recent statistics on the number of women who are employed in the public service and their distribution at the various levels of responsibility.

3. Article 2 of the Convention. The Committee would be grateful if the Government would supply information in its next report on any measure which has been taken in the context of a national policy for the effective promotion of equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, and on the results achieved, particularly with regard to:

(a) access to vocational training and, in particular, the number and percentage of men and women who have benefited from the vocational training provided by the various training establishments set up under Decree No. 30/91 of 5 July 1991, and the number of women trained by the Organization of Women of Angola (OMA);

(b) access to employment and to particular occupations;

(c) terms and conditions of employment, and particularly the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and guidance for which the Government is directly responsible;

(ii) by legislation and through educational programmes;

(iii) with the cooperation of the organizations of employers and workers and other appropriate organizations, particularly with regard to employment in the private sector and matters which are not covered by collective agreements.

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

The Committee notes the Government's reports. In particular, it notes the constitutional changes introduced by the adoption of Act No. 23/92 of 16 September 1992 to approve the revision of the Constitution, with the aim of pursuing and consolidating the partial reforms which had already been undertaken in March 1991 to establish a democratic and lawful State, and which repealed Act No. 12/91 of 6 May 1991.

1. Further to its previous comments, the Committee recalls that the constitutional provisions which establish the equality of citizens before the law without distinction do not refer to political opinion. The Committee notes with interest that Act No. 23/92 includes in section 18 "ideology" among the criteria in respect of which citizens are equal. The Committee understands that the term "ideology" applies to political opinion and it would be grateful if the Government would clarify in its next report whether the term "ideology" is used in the sense meant by the Convention, that is in relation to activities which express or demonstrate political opinions which are in accordance with or opposed to established political principles, whether these activities are of an individual or collective nature.

The Committee also notes that the General Labour Act of 1981 is currently being revised in order to reflect the liberal development in the country. It recalls that, in order to give effect to the Convention, it is necesssary to protect the employment and occupation of individuals against any discrimination based on the criteria set forth in Article 1, paragraph 1(a), of the Convention. The Committee hopes that the Government will be able to describe the progress achieved in this respect in its next report.

2. With regard to access to education and training, and in respect of university courses and the orientation of education, the Committee recalls that the Government stated in a previous report that the substantial overall reforms which were under way also covered the education system. In its previous comments, the Committee noted that section 6(5)(e) of Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University provide that the University Council should ensure the political and ideological training of university administrative staff and graduates. It also noted that section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the university teaching staff provides that the duties of teachers should include assisting students in their political and ideological training. The Committee notes the Government's statement that the elimination of any reference to ideology in the Constitution and the fact that the MPLA-PT is no longer the party in power imply that any conflicting provision, such as that of Decree No. 17/89 above, is null and void. The Committee believes that amendments to the law would make it possible to eliminate any ambiguity in respect of political and ideological requirements affecting the education system. The Committee therefore trusts that the Government will be in a position to inform it in its next report of the legislative progress achieved in this respect.

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

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

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:

1. The Committee takes note of the measures adopted following the Second Congress of Women organized by the Organization of Women of Angola (OMA), namely the establishment of the Association of Women in Undertakings (ASSOMEL) and of the legal advisory centres for women, and the resolution adopted by the Third Congress of the MLPA/Labour Party in December 1990, which emphasizes the decisive role of the Angolan woman and the need to adopt a set of measures to ensure equal opportunities in the various social fields. The Committee asks the Government to supply information on the activities of the Association of Women in Undertakings and on those of the legal advisory centres for women.

2. The Committee takes note of Executive Decree No. 30/91 of 5 July 1991 to establish a flexible and diversified system of education, and in particular of its provisions concerning the establishment of vocational training schools. The Committee also notes the Government's statement that in the course of 1990, OMA trained a total of 1,507 women in the specialized professions of rural monitor and legal adviser. The Committee again asks the Government to supply statistics on the number and proportion of persons of each sex who have received the vocational training provided by the various vocational training schools pursuant to Decree No. 30/91 and on the number of women trained by OMA.

3. The Committee takes note of the statistical data consolidated in 1990 and supplied by the Government, according to which the proportion of women employed in the public administration in 1988 was very much smaller than the proportion of men (of the order of 27.68 per cent). The Committee draws the Government's attention to this situation which, in its opinion, could be improved through the adoption of positive measures to promote the employment of women in the public administration. The Committee hopes that the Government's next report will contain information, including statistics, on recent developments concerning the number of women employed in the public administration or holding posts of responsibility.

4. The Committee has noted the Government's statement that the list of occupations barred to women which is prescribed under section 154(2) of the General Labour Act has not yet been adopted. The Committee asks the Government to supply this list as soon as it is adopted.

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

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

1. The Committee notes that section 21 of Act No. 12/91 of 6 May 1991 to revise the Constitution, which states that all citizens are equal before the law and enjoy the same rights and duties without distinction as to colour, race, ethnic origin, sex, place of birth, religion, educational level or economic and social status, makes no reference to political opinion. The Committee points out that it has already drawn attention to this omission from section 8 of the Constitutional Act of 1975 and section 2 of the General Labour Act, and that the Government stated in 1985 that the Committee's comments had been brought to the attention of the People's Assembly. The Committee therefore hopes that the Government will be able to take the necessary measures to include in the national law provisions prohibiting any discrimination in employment on the basis of political opinion and that it will indicate the measures taken or contemplated to that end. 2. In its previous request, the Committee noted that section 65(e) of Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University included among the functions and powers conferred on the University Council that of aiming to ensure the political and ideological training of university administrative staff and graduates. It noted that section 20 of Decree No. 37/89 of 22 July 1989 to approve the regulations governing postgraduate courses provided that candidates for admission to higher education courses abroad must be selected by the Executives' Division of the Central Committee of the Labour Party. The Committee noted further that section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the teaching staff of the University provided that the duties of teachers should include assisting students in their political and ideological training. The Committee notes the Government's statement that comprehensive and substantial reforms are in progress concerning, in particular, the education sector. It notes with interest that section 18 of Decree No. 37/89 of 22 July 1989 has been amended by Decree No. 28/91 of 5 July 1991 and that candidates for higher education courses abroad will henceforth be chosen by the Ministry of Education. The Committee reiterates the hope that, in the process of this comprehensive reform of education, the Government will take the necessary measures to eliminate any discrimination on the basis of the criteria spelt out in Article 1, paragraph 1(a), of the Convention, and in particular of political opinion so far as access to education and training is concerned. It asks the Government to keep it informed of the progress made in that field.

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

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

The Committee has noted the information supplied by the Government in its 1991 and 1992 reports in response to previous comments.

1. The Committee takes note of the measures adopted following the Second Congress of Women organised by the Organisation of Women of Angola (OMA), namely the establishment of the Association of Women in Undertakings (ASSOMEL) and of the legal advisory centres for women, and the resolution adopted by the Third Congress of the MLPA/Labour Party in December 1990, which emphasises the decisive role of the Angolan woman and the need to adopt a set of measures to ensure equal opportunities in the various social fields. The Committee asks the Government to supply information on the activities of the Association of Women in Undertakings and on those of the legal advisory centres for women.

2. The Committee takes note of Executive Decree No. 30/91 of 5 July 1991 to establish a flexible and diversified system of education, and in particular of its provisions concerning the establishment of vocational training schools. The Committee also notes the Government's statement that in the course of 1990, OMA trained a total of 1,507 women in the specialised professions of rural monitor and legal adviser. The Committee again asks the Government to supply statistics on the number and proportion of persons of each sex who have received the vocational training provided by the various vocational training schools pursuant to Decree No. 30/91 and on the number of women trained by OMA.

3. The Committee takes note of the statistical data consolidated in 1990 and supplied by the Government, according to which the proportion of women employed in the public administration in 1988 was very much smaller than the proportion of men (of the order of 27.68 per cent). The Committee draws the Government's attention to this situation which, in its opinion, could be improved through the adoption of positive measures to promote the employment of women in the public administration. The Committee hopes that the Government's next report will contain information, including statistics, on recent developments concerning the number of women employed in the public administration or holding posts of responsibility.

4. The Committee has noted the Government's statement that the list of occupations barred to women which is prescribed under section 154(2) of the General Labour Act has not yet been adopted. The Committee asks the Government to supply this list as soon as it is adopted.

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

1. With reference to its previous direct requests, the Committee has noted with interest Act No. 12/91 of 6 May 1991 to revise the Constitution, which guarantees political pluralism, freedom of opinion and expression, freedom of religion and worship and freedom of association. The Committee has also noted with interest Decree No. 24/91 of 5 July 1991 laying down the general principles of career organisation in the public service; Decree No. 25/91 of 5 July 1991 establishing the legal employment relationship in the public administration; Decree No. 33/91 of 26 July 1991 on the disciplinary rules governing public servants and agents of the public administration; and Joint Executive Decree No. 42/91 of 26 July 1991 to regulate applications for admission to organs of the public administration, which impose no conditions or restrictions relating to political opinion on admission to or career progress in the public service.

2. The Committee notes, however, that section 21 of Act No. 12/91 of 6 May 1991, which states that all citizens are equal before the law and enjoy the same rights and duties without distinction as to colour, race, ethnic origin, sex, place of birth, religion, educational level or economic and social status, makes no reference to political opinion. The Committee points out that it has already drawn attention to this omission from section 8 of the Constitutional Act of 1975 and section 2 of the General Labour Act, and that the Government stated in 1985 that the Committee's comments had been brought to the attention of the People's Assembly. The Committee therefore hopes that the Government will be able to take the necessary measures to include in the national law provisions prohibiting any discrimination in employment on the basis of political opinion and that it will indicate the measures taken or contemplated to that end.

3. In its previous request, the Committee noted that section 65(e) of Decree No. 17/89 of 13 May 1989 issuing the statutes of the Agostinho Neto University included among the functions and powers conferred on the University Council of Agostinho Neto University that of aiming to ensure the political and ideological training of university administrative staff and graduates. It noted that section 20 of Decree No. 37/89 of 22 July 1989 to approve the regulations governing postgraduate courses provided that candidates for admission to higher education courses abroad must be selected by the Executives' Division of the Central Committee of the Labour Party. The Committee noted further that section 30 of Decree No. 55/89 of 20 September 1989 to approve the rules governing the teaching staff of the University provided that the duties of teachers should include assisting students in their political and ideological training. The Committee notes the Government's statement that comprehensive and substantial reforms are in progress concerning, in particular, the education sector. It notes with interest that section 18 of Decree No. 37/89 of 22 July 1989 has been amended by Decree No. 28/91 of 5 July 1991 and that candidates for higher education courses abroad will henceforth be chosen by the Ministry of Education. The Committee reiterates the hope that, in the process of this comprehensive reform of education, the Government will take the necessary measures to eliminate any discrimination on the basis of the criteria spelt out in Article 1, paragraph 1(a), of the Convention, and in particular of political opinion so far as access to education and training is concerned. It asks the Government to keep it informed of the progress made in that field.

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

With reference to its previous observation and direct request, the Committee notes the information supplied by the Government in its report received in June 1990.

1. The Committee takes note of the fourth national meeting of women workers organised by the Organisation of Women of Angola (OMA) which took place from 14-16 August 1989 and which examined, amongst other things, the status of women and vocational training, the promotion of women, the situation of displaced women and the informal sector. The Committee asks the Government to continue to provide information on any developments regarding the situation of women in employment and occupation.

2. The Committee takes note of Decree No. 28 of 1 July 1989, approving the statute on vocational training and repealing Decree No. 110/83 of 1 December 1983 issuing the vocational training strategy and respecting initial and on-going training for women and adults. The Committee asks the Government to provide statistics on the number and percentage of the persons of each sex who have received vocational training.

3. The Committee once again asks the Government to provide:

(i) statistics of the number and percentage of women employed in the public administration or holding posts of responsibility; and

(ii) the list of activities prohibited for women by section 154(2) of the General Labour Act as soon as it is adopted.

4. The Committee again requests the Government to provide the text of the Economic and Financial Recovery Programme launched in 1988, to replace the National Employment System.

5. With regard to protection against discrimination on the ground of political opinion, the Committee takes note of Decree No. 16/89 issuing the Rules applicable to public administrators, and of Act No. 10/89 of 30 December 1989 issuing the Standards of Discipline applicable to public administrators. It again asks the Government to provide detailed information on the implementation of the policy of clemency in the areas covered by the Convention and to enclose with its next report the text of the Rules applicable in the public service which, according to the Government's previous indications, was in the process of being drafted.

6. The Committee takes note of Decree No. 17/89, of 13 May 1989, issuing the statutes of the Agostinho Neto University; Decree No. 31/89, of 22 July 1989, approving the regulations on higher education study courses and Decree No. 55/89, of 20 September 1989, approving the conditions of service of university teaching staff. The Committee notes that one of the attributions conferred by section 6(5)(c) of Decree No. 17/89 on the University Council of the Agostinho Neto University is that it shall aim to ensure the political and ideological training of university administrative staff and graduates. The Committee also notes that under section 18 of Decree No. 37/89, candidates for admission to higher education courses abroad must be nominated in particular by the Labour Party, the Labour Party Youth Section, the central organisations of the State apparatus and by the Organisation of the Social Masses. They must be selected by the Executives' Division of the Central Committee of the Labour Party. Lastly, the Committee notes that section 30 of Decree No. 55/89 provides that the duties of teachers shall include assisting students in their political and ideological training. The Committee again expresses the hope that, as part of the general education reform now under way in Angola, the Government will take the necessary measures to eliminate all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, particularly political opinion, with regard to access to education and vocational training, which are fundamental to the achievement of equal opportunity in employment and occupation. It asks the Government to continue to provide information on progress made in this area.

Furthermore, the Committee again asks the Government to clarify the meaning of the phrase "good social behaviour", which is mentioned as one of the criteria of priority in section 1 of Decree No. 18/86 of 15 September 1986 for access to levels 2 and 3 of the basic education.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reports received in March 1988 and June 1989 and the information supplied in reply to its previous comments, and requests the Government to also refer to the observation made at the present session.

1. In its previous comments, the Committee noted that section 153, paragraph 1, of the General Labour Act of 1981 establishes the principle of equal rights for women and that this equality is achieved by the integration of women in the work process and their participation in the management of the economy. The Committee noted with interest that paragraph 2 of that section makes it compulsory for state bodies and the management of enterprises to take the necessary measures to facilitate greater integration of women in these fields and it requested the Government to supply information on the measures that had been taken in practice to put these provisions into effect.

In its last report, the Government indicates that the regulations to give full effect to the Act have yet to be adopted, but that the spirit of the Convention is respected in practice. The Committee notes this information and requests the Government to communicate the texts of any regulations made under the Act and to indicate whether other positive measures have also been taken, in accordance with the Convention and the national policy intended to encourage the integration of women into the work process, to promote the access of women to vocational guidance and training (particularly within the framework of Decree No. 110/83 establishing the vocational training strategy) and consequently to increase their participation in the employment market. In this respect, the Committee noted the statistics supplied with the Government's reports on the distribution of the male and female workforce per economic activity and would be grateful if the Government would also provide statistical data on the number and percentage of women employed in the public administration, or occupying positions of responsibility.

2. The Committee notes that the list of the activities prohibited to women, provided for in section 154, paragraph 2, of the General Labour Act, has not yet been adopted. It requests the Government to transmit a copy of this list upon its adoption.

3. The Committee notes that the Bill respecting the new national employment scheme, to which the Government referred in its previous reports, has been superseded by the Economic and Financial Recovery Programme put into effect in 1988. The Committee hopes that one of the objectives of the Programme will be to promote equality of opportunity and treatment and to eliminate in this respect any distinction, exclusion or preference based on all the grounds set out in Article 1(a) of the Convention. The Committee requests the Government to supply a copy of the Programme with its next report.

4. In its previous comments, the Committee observed that section 2 of the General Labour Act, in accordance with which every citizen, irrespective of race, colour, sex, religion or ethnic origin, has the right to work, makes no reference to social origin or political opinion which are mentioned explicitly in Article 1(a) of the Convention. The Committee also noted that, although "social condition" is included among the grounds that shall not hinder equal rights in accordance with section 18 of the Constitutional Act of 1975, this is not the case as regards political opinion. The Committee also referred to section 14 of the General Labour Act (which provides that the employment relationship is established by a contract of employment or by nomination), to Act No. 2/83 of 25 March 1983 (respecting the disciplinary conditions applying to nominated workers), and to Decree No. 94/83 of 7 June 1983 as amended by Decree No. 15/86 of 4 August 1986 (respecting the positions that shall be filled by nomination). It asked the Government to indicate the measures taken or under consideration to ensure that under these provisions, workers were not subjected to any discrimination based on political opinion which could have the effect of nullifying or impairing equality of opportunity or treatment in respect of their employment.

In reply to the Committee's comments, the Government indicates in its latest report that the Committee's concerns are to be met by legislation concerning the "Rules applicable in the public service", which is being drafted, and the "Rules applicable to the manager", which is already in force (and which provides that technical competence should be the decisive criterion), as well as by the "Clemency Act" and the "Amnesty Act" which are instruments offering the protection of the law against any kind of discrimination. The Committee has examined the provisions of the Clemency Act (Resolution No. 2/88 of 27 February 1988) commmunicated with the report and would be grateful if the Government would supply detailed information on the practical effect of the Act with respect to the fields covered by the Convention. It also hopes that the Government will do everything possible to include in the national legislation explicit provisions prohibiting discrimination on the grounds of political opinion, in conformity with the Convention. The Committee requests the Government to include in its next report the texts of the "Rules applicable in the public service" and of the "Rules applicable to the manager".

5. The Committee notes from the Government's report that a general reform of education is being carried out in the country, and that the texts it referred to in its previous comments are no longer being applied (Decree No. 5/82 to approve the regulations governing Angolans holding fellowships abroad, resolution 6/83 to prescribe the urgent measures to be taken in the sector of education and teaching, and Decree No. 110/83 mentioned above). The Committee hopes that the Government, in carrying out the education reform, will have no difficulty in taking the necessary steps to eliminate any discrimination based on the grounds enumerated in Article 1(a) of the Convention, including political opinion, in respect of access to education and vocational training, which are of fundamental importance to the achievement of equality of opportunity in respect of employment and occupation. It requests the Government to continue to provide information on the progress achieved in the education reform.

In addition, it requests the Government to clarify the meaning of the phrase "good social behaviour", which is mentioned as one of the criteria of priority in section 1 of Decree No. 18/86 of 15 September 1986 for access to levels II and III of the basic education.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with satisfaction the adoption by Act No. 1/88 of 20 February 1988 of the Family Code which provides that men and women are equal within the family, enjoy the same rights (including the right to exercise the profession of his or her choice) and have the same duties, and that the State and the family ensure the equality of rights, in particular in the fields of education, work and social security.

It also notes with interest that by People's Assembly Resolution No. 15/84 of 19 September 1984 and by People's Assembly Resolution No. 4/85 of 27 July 1985 Angola adhered to the Convention on the Elimination of All Forms of Discrimination against Women and to the Convention on the Political Rights of Women, respectively.

It further notes with interest the resolutions adopted by the Second Congress of the Organisation of Angolan Women, held in Luanda from 2 to 8 March 1988, and in particular the resolutions on women and employment and on women and society. It requests the Government to supply with its next report information on the practical results obtained following the adoption of these resolutions.

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