Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lao People's Democratic Republic (Ratification: 2008)

Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Written information provided by the Government

On 17 May 2024, the Government provided the following written information.

The Government would like to express its deep regret for failing to provide responses to the questions made by the Committee of Experts under the Convention. In this regard, the Government has worked in collaboration and consultation with its tripartite partners and relevant sectors in the preparation of the report.

Articles 1, 2 and 3 of the Convention. Protection of workers against discrimination. Legislation. Scope of application

In the Ministerial Decision on Domestic Workers No. 4369/MOLSW, article 25, section 5, prohibits any direct or indirect discrimination against domestic workers.

The Law on Government Officials No. 74/NA of 2015: article 4, State Policy for Public Servants, section 1: “The State considers the work of public servants as important and promotes through the implementation of policies as defined in the law, creating all conditions for public servants of all genders and ethnicities based on their actual abilities to receive political development, thinking, ethics, upgrading of specialized knowledge and skills”; as well as article 5, Fundamental Principles of Management for Civil Servants, section 6: “There is equality between men and women and promotion of the advancement of women in all ethnic groups.”

The Constitution of Lao People’s Democratic Republic (Revised) No. 63/NA, dated 8 December 2015, provides in:

• Article 35. Lao citizens are all equal before the law irrespective of their gender, social status, education, beliefs and ethnic group.
• Article 37. Citizens of both genders enjoy equal rights in the political, economic, cultural and social fields and in family affairs.

The Law on Lao Women’s Union 2013 and the Law on Preventing and Combating Violence against Women and Children No. 56/NA dated 23 December 2014 were adopted to progressively achieve the equality of both genders. Furthermore, any violent act against women and trafficking in women are criminalized under the Penal Law, particularly article 177, which stipulates that any person who discriminates against any women, or who keeps any women separate from, prevents or restricts the participation of any women in a political, economic, socio-cultural or family activity, based on gender, shall be punished by imprisonment of from one year to three years and shall be fined from 1 million to 3 million Lao kip.

The Law on Preventing and Combating Violence against Women and Children 2014, article 20, provides that the “Promotion of the advancement of women and gender equality is one of the measures of the State to ensure women and men have the same values and equal opportunities in politics, economy, education, society and culture, family affairs, national defence and security, and foreign affairs, as provided in the Constitution and laws”.

Article 1(1)(a). Prohibition of discrimination

(i)(ii) (now article 143(9)). The Government will take the Convention into consideration for incorporating it into the next revision of the Labour Law.

(iii)(i) The prohibition based on discrimination which is stated in the Labour Law concerns both employment and occupation because there are no separate definitions given. Employers are prohibited from discriminating by article 143, while workers are covered by article 144, even though it does not specifically mention discrimination.

(ii) Article 96 of the Labour Law. Female employees have the right to employment and professions in every sector that do not conflict with the law, including production, business and management, and may participate in training, labour skills improvement and the provision of expertise. Female employees shall receive a salary or wages equal to those of male employees, except for some forms of work that have negative effects upon the reproductive health of women, which must be protected in every case.

Discrimination based on sex. Sexual harassment

(i)(ii)(iii) Currently, articles 86 and 143 of the Labour Law specifically cover this issue. The Government will take the Convention into consideration to incorporate it into the next revision of the Labour Law.

If there are cases of sexual harassment in employment and occupation, they go to a dispute resolution mechanism, including labour, under the relevant regulations and laws.

(iv) Article 83(4). From the labour perspective, apart from protecting their interests through the termination of their contract, workers can refer their case to the labour management authority and the Labour Court to seek other benefits.

(v) Article 141(4) (now article 143(4)). From the labour perspective, workers can protect their interests through the termination of their contract and receive compensation, and/or refer their case to the labour management authority and the Labour Court to seek justice.

Article 1(1)(b). Additional grounds of discrimination

In addition to the Labour Law of 2007 and 2014, there is also the Ministerial Decision on the Permission of Foreign Employees Working in Lao People’s Democratic Republic No. 3667/MoLSW, dated 27 September 2023. Under article 8, the rights of foreign employees are the following:

• (1) receive payment or wage and other benefits in accordance with their contract and the legislation;
• (2) protection of their rights and benefits, in accordance with the laws and regulations of Lao People’s Democratic Republic;
• (3) become affiliated with the social security in accordance with the Law on Social Security;
• (4) ability to transfer their remittances and belongings which are legal back to their country;
• (5) access to relevant sources of information;
• (6) travel within Lao People’s Democratic Republic as permitted;
• (7) change workplace based on the conditions and relevant regulations;
• (8) seek remedy or the possibility to make their case concerning rights and benefits to the relevant authorities; and
• (9) exercise the rights set out in the relevant laws and regulations.

Article 4. Activities prejudicial to the security of the State

The Constitution of Lao People’s Democratic Republic (Revised) No. 63/NA, dated 8 December 2015:

• Article 39. Lao citizens have the right to work and engage in occupations which are not contrary to the laws. Working people have the right to rest, to receive medical treatment in times of illness, [and] to receive assistance in the event of incapacity or disability, in old age, and in other cases as provided by the laws.
• Article 43. (Amended) Lao citizens have the right and freedom to believe or not to believe in religions.

This report was written in consultation and with the full agreement of the employees’ representative organization (Lao Federation of Trade Unions) and the employers’ representative organization (Lao National Chamber of Commerce and Industry).

On 21 May 2024, the Government provided the following supplementary information.

Article 1(2) of the Convention. Inherent requirements

Article 33, section 3, of the Labour Law of 2014 is not intended to discriminate against foreign workers, because the reserved jobs are related to the unique art and culture of Lao PDR. The list of occupations reserved for Lao citizens is still in the process of consultation with the relevant sectors to create legislation defining the reserved list of occupations for Lao citizens. The Government has applied a list of types of businesses reserved for Lao citizens under the Lao Standard Industrial Classification of all Economic Activities No 1328/MoIC, dated 13 July 2015 (as amended).

Article 2. Equality of opportunity and treatment between men and women

The Government has been stepping up its efforts to promote and develop relevant legislation by implementing the Law on Gender Equality No. 77/NA, dated 28 November 2019, article 12.

• (i) The measures taken in the framework of the Women’s Development Plan (2021–25) are specified in Chapter VII, sections 1 and 2, of the Implementing Guidelines for the 2nd National Action Plan to Prevent and Eliminate Violence against Women and Children over a five-year period (2021–2025) No. 206/NCAWMC, dated 29 September 2021; the National Strategy for Gender Equality (2016–2025), in section II, chapter III; and the National Action Plan for Gender Equality, in chapter II, section 2.3 (2016–20).
• (ii) The specific provisions which relate to the prohibition of discrimination in employment and occupation are included in chapter II, article 8, of the Law on Gender Equality No. 77/NA, dated 28 November 2019.
• (iii) The Amending Committees of the Labour Law plan to evaluate the implementation of the Labour Law (2014) in order to improve and continue research in consultation with the relevant parties to take the issue into consideration.
• (iv) According to the third Labour Force Survey Report in Lao PDR, 2022, there are 2.475 million people employed, including 1.1 million women, in the public and private sectors; and in the informal economy, there are 2.1 million people employed, including 990,000 women. However, the data on participation in education and vocational training has not yet been provided by the related sector (Ministry of Education and Sports).

Equality of opportunity and treatment irrespective of religion and ethnicity

In conformity with article 22 of the Constitution (amended 2015) No. 63/NA, dated 8 December 2015, the State has made great efforts to narrow the gap between ethnic groups by focusing on the implementation of the national education policy in order to strengthen the Lao people with regard to decent citizenship, qualifications, knowledge and careers, as well as to actively develop national education to improve its quality and create opportunities and conditions for people to receive education throughout the country, especially people in rural areas, ethnic groups, women, children, the underprivileged and people with disabilities. In addition, the Decree on Ethnic Groups No. 207/GoV, dated 20 March 2020, article 4, states that the State does not allow any act and behaviour which leads to any discrimination within and between ethnic groups.

Persons with disabilities and older workers

Based on the implementation of the Law on Persons with Disabilities, the Party – Government – has applied the Decree on Endorsement and Publication of Policies, Strategy, and the National Action Plan for Persons with Disabilities No. 539/GoV, dated 12 December 2020, as well as the Strategy of Social Protection. According to the statistics on disabilities, of the total population of 6.4 million in the country in 2015 aged 5 years and older, there are 160,881 persons with disabilities, of whom 80,115 are women. The types of disabilities are visual (78,175 persons, including 40,753 women), hearing (71,667 persons, 37,826 women), physical (75,506 persons, 40,640 women), memory loss (69,743 persons, 38,891 women), self-care (63,665 persons, 35,226) and communication (54,964 persons, 29,732 women). For the resolution of discrimination in employment and occupations against persons with disabilities, the implementation is based on the Law on Employment No. 37/NA, dated 17 July 2023. Article 5 pledges that the right of access to employment and information on the labour market and the workforce should include the disadvantaged, and persons with disabilities who are able to work.

Article 5. Special measures. Women

The measures taken are only limited to maternity protection based on occupational safety and health risk assessments and the protection of mother and child. They do not constitute obstacles to the employment of women, or their access to posts with career prospects and responsibilities.

Enforcement

The Government promotes equality without discrimination, as set forth in article 8 of the Constitution. The Labour Inspectorate has not found or received any complaints in regard to cases of discrimination.

Discussion by the Committee

Chairperson – I would like to extend my heartfelt congratulations to you, Chair, on your election as the Chair of this Conference. My congratulations also to the International Labour Organization of which Lao PDR has been a Member since 1964. Chair, the comment to which the Government of Lao PDR is invited to respond today is an observation of the Committee of Experts on the application of the Convention which Lao PDR ratified in June 2008.

At the outset, the Government of Lao PDR would like to express its deep regret regarding the submission of the responses to the observation on the Convention made by the Committee of Experts. In this regard, allow me to begin with:

Observation No. 1. Protection of workers against discrimination. Legislation. Scope of application. Let me assure the Committee that Lao PDR is fully committed to promoting the fair and decent employment and occupation as well as undertaking all efforts to ensure decent work is in all workplaces. The Ministerial Decision on Domestic Workers was adopted, which specifies, in article 25, the prohibition of any direct or indirect discrimination against domestic workers. In addition, the 2015 Law on Government Officials indicates, in article 4 on state policy for public servants, that, “The State considers the work of public servants as important and promotes through the implementation of policies as defined in the law, creating all conditions for public servants of all genders and ethnicities based on their actual abilities to receive political development, thinking, ethics, upgrading of specialized knowledge and skills”, and states, in article 5 on fundamental principles of management for the civil servants section, that, “There is an equality between men and women and promote the advancement of women in all ethnic groups”. In this connection, the Constitution of Lao PDR (revised in 2015), in article 35, provides that Lao citizens are all equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group. Article 37 also states that citizens of both genders enjoy equal rights in the political, economic, cultural and social fields, and in family affairs. Besides, the Law on Preventing and Combating Violence against Women and Children (2014) and the Law on Lao Women’s Union (2013) were adopted to progressively achieve the equality of both genders.

Furthermore, any violent act against women and trafficking in women is criminalized under the Penal Law, and particularly article 177 stipulates that any person who discriminates against any women, or who keeps any women separate from, or prevents or restricts the participation of any women in a political, economic, sociocultural or family activity, based on gender, shall be punished by imprisonment from one year to three years. In the Law on Preventing and Combating Violence against Women and Children, article 20 also provides that promotion of the advancement of women and gender equality is one of the measures of the State to ensure women and men have the same values and equal opportunities in politics, economy, education, society and culture, family affairs, national defence and security, and foreign affairs as provided in the Constitution and laws.

Observation No. 2. Prohibition of discrimination. The Government will take the Convention into consideration for incorporating its contents into the next Labour Law revision. The prohibition based on discrimination which is stated in the Labour Law concerns both employment and occupation because there are no separate definitions given. Employers are prohibited by article 143 with regard to discrimination, while workers are prohibited by article 144, even though it does not specifically mention discrimination. According to article 96 of the Labour Law, female employees have the right to employment and professions in every sector that do not conflict with the law and female employees shall receive a wage equal to that of male employees.

Observation No. 3. Discrimination based on sex. Sexual harassment. Currently, there are articles 86 and 143 of the Labour Law specifically set for this issue. The Government will take the Convention into consideration for incorporating it into the revision of the Labour Law. If there is a case of sexual harassment in employment and occupation, it will enter a dispute resolution mechanism based on the relevant regulations and laws. Additionally, article 83 from the labour perspective, aside from protecting their interests through termination of contract, workers can refer their case to the labour management authority and the Labour Court to seek benefits and justice. Also, under article 143, workers can protect their interests through termination of contract and receive compensation and refer their case to the labour management authority and the Labour Court to seek justice.

Observation No. 4. Additional grounds of discrimination. The Government of Lao PDR has applied, alongside the Labour Law of 2007 and 2014, the Ministerial Decision on the Permission of Foreign Employees Working in Lao PDR (2023), in which article 8 on the rights of foreign employees states that these are legally entitled to: (1) receive payment or wage and other benefits in accordance to their work contract and the law; (2) receive protection of their rights and benefits in accordance with the laws and regulations of Lao PDR; (3) become a member of a social security scheme in accordance with the Law on Social Security; (4) transfer their remittance and other belongings which are legal back to their original country; (5) have access to the relevant sources of information; (6) travel within Lao PDR as permitted; (7) change workplace based on the conditions and relevant regulations; (8) seek remedy or make their case, concerning rights and benefits, to the relevant authorities; and (9) exercise the rights given by the relevant laws and regulations.

Observation No. 5. Activities prejudicial to the security of the State. I would like to reiterate that the Government, at all times, promotes fair and decent employment and occupation. The Constitution stipulates, in article 39, that Lao citizens have the right to work and engage in occupations which are not conflicting with the law. Working people have the right to rest, to receive medical treatment in times of illness, to receive assistance in the event of incapacity or disability, in old age, and in other cases as provided by the law. Article 43 provides that Lao citizens have the right and freedom to believe or not to believe in religions. Chair, to further ensure social justice advancement and decent work promotion without any discrimination, the Government has been accelerating the implementation of the National Social Protection Strategy (NSPS). The Strategy aims to: promote and improve the implementation of social protection policies; contribute to human capital development; and contribute to the goals and objectives of other relevant sectoral and socio-economic development plans. To achieve these, the Strategy sets its vision until 2030 of achieving, for the Lao people, access to basic social protection services, consisting of health insurance, social security and social welfare.

Besides, the continuation of the Decent Work Country Programme for the period 2022–26 is another good work that brings sustainable benefits to workers, employers and national citizens. It also supports the implementation of decent work elements in the 9th National Socio-Economic Development Plan as well as contributing to the long-term realization of the Lao PDR’s Vision 2030, the National Sustainable Development Goal Roadmap, and to relevant national laws, policies, strategies and plans. This further aligns with the ILO Global call to action for a human-centred recovery from the COVID-19 crisis that is inclusive, sustainable and resilient.

In conclusion, the Government of Lao PDR reaffirms its commitment to continuing to observe and implement the ratified Conventions through close consultation with tripartite partners and relevant stakeholders. In this regard, Lao PDR would like to take this opportunity to request the Committee, the ILO, all international development partners and social partners to acknowledge the Government of Lao PDR’s constraints and its efforts to achieve fair and decent employment and occupation, and to end discrimination in employment and occupation.

Let me end by expressing my sincere gratitude to the Committee in advance for its advice in these matters and assuring it of Lao PDR’s fullest cooperation so we can end the case of discrimination in employment and occupation once and for all.

Employer members – I thank the Government of Lao PDR for its oral and written information on this case.

The Employer members stress the importance of States’ compliance with the Convention. Convention No. 111 is one of the fundamental Conventions of the ILO and, as such, should be given special attention. This fundamental Convention aims to guarantee human dignity and equality of opportunity and treatment for all workers, by prohibiting any discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin in employment or occupation.

By way of background, Lao PDR joined the ILO in 1964 and has ratified a total of 12 Conventions including seven fundamental Conventions, one governance Convention and four technical Conventions (three of which remain in force). Lao PDR ratified the Convention in 2008. We note that the Committee of Experts has provided three observations on this case, namely in 2018, 2020 and 2023.

We understand that the ILO does not currently have projects, nor technical assistance in place focused on implementing the Convention in Lao PDR. However, the ILO, through the support of the United States Agency for International Development (USAID) is supporting the Government to increase net income and productive employment, among other things, in rural areas through the Rural Employment Promotion Project.

Today is the first time that the Conference Committee examines the Government of Lao PDR’s application of the Convention.

Turning to the issues in this case, countries that have ratified the Convention have committed to implementing a national policy of equality, with a view to eliminating discrimination in the world of work, and to reporting on their compliance with this important commitment.

The Committee of Experts has identified four main concerns with Lao PDR’s compliance with its commitments in this case.

First, the scope of application of protection of workers against discrimination provided for under Articles 1, 2 and 3 of the Convention, namely the application of such protection to domestic workers and civil servants.

Second, the protection against discrimination in employment and occupation on all the grounds set out in Article 1(1)(a) of the Convention, namely the protected ground of sex, and relatedly, the extent of protection against sexual harassment in employment and occupation.

Third, the protection against discrimination based on additional grounds of discrimination in accordance with Article 1(1)(b) of the Convention, namely protection against discrimination on the basis of nationality, age or socio-economic status in this case.

And fourth, the extent to which laws prohibiting activities considered to be prejudicial to the security of the State, including “propaganda activities”, do not, in practice, result in discrimination in employment and occupation on the basis of political opinion, subject to and in line with Article 4 of the Convention.

On the first issue, the Employer members note the comments of the Committee of Experts on the apparent exclusion of civil servants from the application of Lao PDR’s Labour Law of 2014. The Committee of Experts also noted that, by requiring domestic workers to “comply with the working contract”, that law excludes them from protections of the Labour Law. Recalling that the principle of the Convention applies to all workers, the Committee of Experts asked the Government to indicate how civil servants and domestic workers are protected against discrimination in employment and occupation, and to identify the specific provisions that protect civil servants from discrimination in employment and occupation on the grounds set out in the Convention.

The Employer members also note the Government of Lao PDR’s response, according to which the Government adopted a Ministerial Decision on Domestic Workers on 2 November 2022. The Government points to article 25 which prohibits any direct or indirect discrimination against domestic workers, though it has not identified the applicable grounds of protected discrimination.

It also points to the Law on Government Officials of 2015, article 4 of which creates all conditions for public servants of all genders and ethnicities based on their actual abilities to receive political development, thinking, ethics, upgrading of specialized knowledge and skills. It further points to article 5 on the fundamental principles of the management for civil servants, section 6 of which provides for equality between men and women and promotes the advancement of women in all ethnic groups.

Furthermore, it notes that the Constitution of Lao PDR contains broad protections against discrimination for all citizens before the law, and points to specific laws that prohibit violence against, and the trafficking of, women, including the restriction of their participation in economic activities based on their gender, which, it notes, were adopted in order to progressively achieve equality for both genders.

The Employer members note, however, that it appears that there could remain certain gaps in coverage for civil servants and domestic workers with respect to Articles 1, 2 and 3 of the Convention. The Employers therefore ask the Government of Lao PDR to:

• first, take the necessary steps to ensure that the Ministerial Decision on Domestic Workers is aligned with the Convention by expressly listing the grounds for prohibited discrimination in accordance with Article 1(1)(a);
• second, to take the necessary steps, in consultation with employers’ and workers’ organizations, to bring its local laws into conformity with the Convention by ensuring that the various protections against discrimination extend to civil servants under local law.

On the second issue, the Committee of Experts took note of the Government of Lao PDR’s statement that a new provision protecting gender equality in the workplace was introduced in the Labour Law of 2014, though it also noted that the Government did not provide information on the content of this new protection in its report. The Committee of Experts thus noted with concern that the Government of Lao PDR does not appear to have taken any steps to bring its legislation into conformity with the requirements of the Convention to protect against discrimination in employment on the basis of sex.

The Government indicated in its submissions that discrimination against workers is implicitly protected by article 144 of the Labour Law. It also points to article 96 as enshrining the rights of female employees to employment and professions in every sector that do not conflict with the law, among other things.

Despite the indication by the Government that it intends to amend its Labour Law of 2014 through the Labour Development Plan, the Employers note that currently existing laws do not appear to provide for universal prohibition of discrimination on the basis of sex in employment and occupation.

The Employer members also take note of the concern raised by the Committee of Experts that the Government of Lao PDR did not reply to its previous requests regarding the extent of its protections against sexual harassment, instead merely indicating that it intended to amend its Labour Law.

We note that the Government, in its submissions, said that, if there are cases of sexual harassment in employment and occupation, those cases will enter a dispute resolution mechanism. It also noted that, in addition to withdrawing their labour and seeking compensation, workers can refer their cases to labour management authorities and the Labour Court to seek other benefits.

The Employer members, however, urge the Government to take the necessary measures to clearly define, prevent and prohibit sexual harassment in both employment and occupation, and to ensure that protections for victims of harassment are provided for in legislation and in practice.

We also ask the Government of Lao PDR to take the necessary steps, in consultation with employers’ and workers’ organizations, to ensure that the Labour Law expressly prohibits discrimination in employment and occupation on at least all the grounds set out in Article 1(1)(a) of the Convention, including sex, and to provide the necessary information to the Committee of Experts on the progress achieved in this regard.

The Employer members also ask the Government to provide information on the application in practice of article 83(4) of the Labour Law and article 141(4) which prohibit employers from violating the personal rights of employees, including in cases of sexual harassment.

On the third issue, the Committee of Experts previously noted that the Labour Law no longer prohibits discrimination based on nationality, age or socio-economic status – all grounds that were previously included in the Labour Law of 2007.

The Government of Lao PDR, for its part, responded by pointing to the Ministerial Decision on the Permission of Foreign Employees Working in Lao PDR, which contains limited rights for foreign workers. It has not identified any applicable existing prohibitions with respect to age or socio-economic status.

The Employer members welcome the amendments introduced to ensure certain equality between foreign workers. However, we note that the Government has not provided information in respect of age and socio-economic status in employment and occupation, and therefore asks the Government to take the necessary steps, in consultation with employers’ and workers’ organizations, to ensure that its domestic legislation affords equal protection against discrimination on the grounds of nationality, age and socio-economic status.

On the last issue, the Employer members observe that, in 2011, the Committee of Experts noted that the Penal Law of 2005 set out broad prohibitions on activities considered to be prejudicial to the security of the State. We notice further that, since then, the Committee of Experts has asked for information on the practical application of such provision. We note in this year’s observations, the Committee of Experts expressed concern that, in response to its various requests, the Government has reiterated its statement that there is no such information.

However, the Employer members would urge the Government to collect the requested information on the practical application of the Penal Law and to provide it to the Committee of Experts.

Worker members – This is the first time that the Conference Committee has examined the application by Lao PDR of the Convention, which was ratified in 2008. Since its first comments in 2011, the Committee of Experts has been pointing out a number of shortcomings in the national legislation protecting workers against discrimination in employment and occupation. The Government has so far failed to remedy these gaps.

More specifically, the national legislation fails to give effect to the key tenets of the Convention. It does not clearly define direct and indirect discrimination and it does not expressly prohibit discrimination for each of the seven grounds set out in Article 1(1)(a). The legislation is also unclear as to whether it concerns both employment and occupation and whether it applies equally to employers and employees.

We recall the obligation of the Government under the Convention to ensure that discrimination in employment and occupation is prohibited with respect to all the grounds of discrimination laid out in Article1(1)(a) and to adopt clear and comprehensive definitions of what constitutes discrimination.

We further note from the Committee of Experts’ report that significant legislative gaps remain in the protection of workers against sexual harassment, and that in the absence of information from the Government, it remains unclear whether the 2014 Labour Law, which is the central piece of national legislation on the protection of workers against discrimination, fully gives effect to the Convention with regard to additional grounds of discrimination, including nationality, age and socio-economic status.

Regarding the personal scope of the 2014 Labour Law, we note that domestic workers and civil servants are excluded from it. While noting that the Government refers to specific regulatory texts which could provide the same guarantees to these two categories of workers, we note with regret that the Government fails to provide information on the content of these provisions.

In the absence of a clear legislative framework supporting equality and non-discrimination, it needs to be shown how such rights are ensured for excluded groups of workers. We recall the obligation of the Government under the Convention to ensure and promote the application of the principles of the Convention to all workers, both nationals and non-nationals, in all sectors of activity, in the public and private sectors, and in the formal and informal economy.

We are particularly concerned by the persistent failure of the Government to clarify the scope of article 117 of the 2017 Penal Law previously article 65 of the 2005 Penal Code. Article 117 establishes a broad prohibition of activities considered to be prejudicial to the security of the State, including propaganda activities. We recall that, under this provision, any person conducting propaganda activities and slandering Lao PDR, or circulating false rumours causing disorder by words, in writing through print, newspapers, motion pictures, videos, photographs, documents or electronic media, or other means which are detrimental to Lao PDR or for the purposes of undermining or weakening State authority, shall be punished by one year to five years of imprisonment and shall be fined from 5 million to 20 million kip.

Since 2011, the Committee of Experts have stressed the risk that this provision results in discrimination in employment and occupation on the basis of political opinion and have asked the Government to take measures to ensure that workers are protected against discrimination on the basis of political opinion. So far, the Government has failed to provide any information on this point.

The 13-year silence on this matter has done little to reduce our fears. We recall once again that, under the Convention, national legislation must cover political opinion as a prohibited ground of discrimination. This implies protection of all workers in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. We urge the Government to ensure that no provision in the domestic legal order can be used to discriminate against workers for their political opinion.

Finally, we note that the Government has adopted several national plans and programmes aimed at promoting gender equality, fostering equality of opportunity and treatment in education for all ethnic groups and increasing access to employment for persons with disabilities and older workers.

While these policy initiatives constitute a positive step taken by the Government to give effect to the Convention on several prohibited grounds of discrimination, we recall that, under Article 2 of the Convention, the Government must declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of at least all the grounds set out in Article 1(1)(a).

We regret that the Government provides no information regarding the adoption of a comprehensive national policy, and that it gives very little information on the implementation of its plans and programmes and the concrete results achieved.

We acknowledge the statement that the Government has just provided to the Committee today. However, the Government has still not provided clarification on all of the requests that were raised by the Committee of Experts.

We urge the Government to adopt and implement, in full cooperation with the social partners, a comprehensive national equality policy. We also request the Government to provide detailed information on the concrete impact of the ongoing plans and programmes on the reduction of inequalities and discrimination in employment and occupation in Lao PDR.

Worker member, Lao People’s Democratic Republic – Please accept my sincere apologies for not being able to attend the Committee in person.

Discrimination stifles opportunities, wasting the human talent needed for economic progress, and accentuates social tensions and inequalities. Combating discrimination is an essential part of promoting decent work.

I will speak on several issues as commented by the Committee of Expert in its report, such as the legislation, prohibition of discrimination, the Penal Law and our efforts to eliminate discrimination.

In Lao PDR, as in many other countries, a lack of formal protection for domestic workers has been a long-standing concern of human rights and trade union organizations. Domestic work is frequently not perceived as “employment”.

Domestic workers, as in many other countries, endure very poor working conditions, including underpayment of wages, long working hours, inadequate privacy and lack of safety and health conditions. Furthermore, domestic workers – whether national or migrant – have limited bargaining power, and often cannot complain about abusive conditions.

In this regard, we believe that the Government should work in collaboration and consultation with the social partners and the relevant sectors to strengthen the protection of domestic workers. Furthermore, we support the amendments of labour law that respect fundamental principles and rights at work derived from ILO Conventions and Recommendations, including this Convention.

The Law on Government Officials No. 74 of 2015: Article 4 on state policy for public servants, section 1, provides that: “The State considers the work of public servants as important and promotes through the implementation of policies as defined in the law, creating all conditions for public servants of all genders and ethnicities based on their actual abilities to receive political development, thinking, ethics, upgrading of specialized knowledge and skills”.

On this matter, we share the view of the Committee that specific provisions under the Law on Government Officials that protect civil servants from discrimination in employment and occupation set out in the Convention are needed.

We, trade unions, will work with the Government and other sectors to continue our efforts to promote gender equality through legislation and national policies. This includes the effective implementation of the Law on Gender Equality and regular review of its impact, in consultation with the social partners, and the development, implementation and monitoring of targeted policy measures, including in the framework of the Women’s Development Plan 2021–25. These measures should be designed and monitored in full consultation with the social partners.

In relation to the prohibition of discrimination, we noted that the Government will take the Convention into consideration in the next revision of the Labour Law. We urge the Government to ensure that any amendments of the Labour Law 2014 are in conformity with the spirit and the letter of the Convention. More importantly, the social partners must be properly consulted.

The Lao Federation of Trade Unions (LFTU), as the representations of workers in the country that protect and defend workers’ rights, have distributed and disseminated various documents and publications to our members, union officials and union leaders related to the elimination of discrimination in respect of employment and occupation.

We also have educated LFTU members on Lao labour law and its regulations, such as the Law on Prevention and Combating Violence against Women and Children, Law on Lao Women’s Union, Law on Social Security Law, Ministerial Decision on Domestic Workers, and Law on Government Officials, international labour standards. We also negotiated for collective bargaining for better workers’ protection in the country and to ensure the elimination of discrimination in various aspects.

Apart from the abovementioned, we have worked in close collaboration with social partners to implement various activities in ensuring the respect for human and trade union rights in the country.

Concerning the implementation of the Penal Law, we believe that the Government should ensure that this provision does not result, in practice, in discrimination based on employment and occupation.

Finally, we support the speech of the Government and strongly believe that the Lao Government will continue its effort to eliminate discrimination in respect to employment and occupation in full consultation with the social partners.

Employer member, Lao People’s Democratic Republic – I speak on behalf of the Lao National Chamber of Commerce and Industry (LNCCI). I am honoured to express our strong support for the Government’s Strategic Framework and National Plan of Action for the Decent Work Country Programme. We also commend the ongoing efforts to improve relevant labour laws and regulations concerned.

Tripartite collaboration, involving social and development partners alongside the Government, plays a crucial role. By actively participating in discussions and implementing strategies, plans and activities, we can collectively strengthen decent work practices, address concerns, and disseminate best practices throughout the business sector. Effective information sharing, for instance, empowers businesses to promote better workplaces and combat workplace discrimination.

The Government’s focus on promoting investment aligns with our commitment to enhancing social dialogue. We believe this dialogue is key to effectively implementing and enforcing laws and regulations related to core International Labour Organization Conventions, including this Convention.

The LNCCI recognizes its role in this process. We actively provide our members, including those operating in the informal economy, with guidance on labour law and social security regulations. This empowers them to run profitable businesses, integrate into the formal sector, and adopt best practices in business management, skills development, and social responsibility.

Employers go beyond mere tripartite participation. We play a critical role in guiding our members on labour law, social security regulations and relevant conventions. This ensures adherence to the fundamental rights of workers, promotes equality and non-discrimination, and ultimately contributes to the well-being of workers and their families. Additionally, the LNCCI collaborates with development partners to conduct training programmes, strengthen our member base, and actively promote gender equality, reskilling, and upskilling within the workplace.

In closing, on behalf of the LNCCI, I extend our sincere gratitude to the ILO for its ongoing financial, technical, and other forms of support to Lao PDR. We particularly appreciate the focus on strengthening the tripartite mechanism and promoting social dialogue for the implementation of the Decent Work Framework.

Thank you once again for your support and collaboration with development partners. We look forward to working together toward a common goal.

Government member, Belgium – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Montenegro, North Macedonia and the Republic of Moldova, and the European Free Trade Association country Norway, member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection, and fulfilment of human rights, including labour rights. We promote the universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

The EU and its Member States have been committed development partners of Lao PDR, including through the “Everything but Arms” (EBA) arrangement under the EU’s General Scheme of Preferences, granting duty-free and quota-free access to the EU markets, contributing to sustained growth and job creation in the past decades. The trade benefits granted under the EBA arrangement are subject to the condition that Lao PDR respects core international principles, enshrined in core UN and ILO Conventions.

Concerning the protection of workers against discrimination, we note the Government’s adoption of a Ministerial Decision on Domestic Workers in 2022, in order to extend protection against discrimination to this category of workers. We encourage the Government to provide information on the content of the Ministerial Decision to the Committee of Experts to ascertain that the decision is fully compliant with the principles set out in the Convention. Recalling that the Labour Law of 2014 excludes civil servants from its application, we encourage the Government to provide further information on the provisions protecting civil servants from employment discrimination.

We note the inclusion of a new article in the Labour Law of 2014 that provides for equality between foreign workers and Lao workers, and we request the Government to provide more information in this regard, including on the measures taken, in consultation with the social partners, to maintain the same level of protection against discrimination based on nationality, age or socio-economic status as previously contained in the Labour Law of 2007.

We welcome the inclusion of a new article on gender equality in the Labour Law of 2014, and the planned amendment of the Law, as indicated in the Government’s Labour Development Plan 2026–30 and in the supplementary information provided ahead of the International Labour Conference. We are, however, concerned that the legislation remains non-compliant with the Convention, and therefore urge the Government to clearly define what constitutes discrimination under the Labour Law and explicitly prohibit discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention. We also ask the Government to provide additional information on the content of the new article 96 on gender equality.

Concerning sex-based discrimination and sexual harassment, we note with concern the continuing lack of provision of information by the Government to the Committee of Experts and we urge the Government to take the necessary measures to define, prevent and prohibit sexual harassment in employment and occupation and to ensure adequate sanctions and remedies.

We also highlight that, under current legislation, the sole remedy available to victims of sexual harassment is the possibility to resign. We stress that this measure is not sufficient or adequate to protect victims of sexual harassment. In line with the Committee of Experts, we call on the Government to amend the labour law accordingly. In addition, we would ask the Government to provide information on the application in practice of provisions allowing workers to end their employment in the event of sexual harassment and of provisions which prohibit employers from violating the personal rights of employees.

Lastly, we note with concern that the Penal Law of 2017 prohibits a range of activities considered to be detrimental to the security of the State, including so-defined propaganda activities. We also regret that the Government’s lack of information on this matter. Recalling that the Committee of Experts has been raising this issue since 2011, we request the Government to provide information on the steps taken to ensure that this legislation does not, in practice, result in discrimination in employment and occupation based on political opinion.

Going beyond the case in point, we appreciate that Lao PDR ratified, in 2022, the two new fundamental ILO Conventions – the Occupational Safety and Health Convention, 1981 (No. 155) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) – and we look forward to their effective implementation.

We recall the importance of the fundamental ILO Conventions not yet ratified by Lao PDR, namely the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Abolition of Forced Labour Convention, 1957 (No. 105), along with the governance Convention on labour inspection, the Labour Inspection Convention, 1947 (No. 81).

The ratification and effective implementation of these Conventions, together with other Conventions on human rights, the environment and good governance, will constitute a prerequisite for Lao PDR to apply to become a beneficiary of the Generalised System of Preferences Plus trade scheme with the EU, once the country graduates from its least developed country status.

The EU and its Member States remain committed to a joint constructive engagement with Lao PDR with the aim of strengthening the Government’s capacity to address the issues raised in the Committee of Experts’ report.

Government member, Indonesia, speaking on behalf of the Association of Southeast Asian Nations (ASEAN) Member States – We took note of the report of the Committee of Experts and the comprehensive updates by the Lao Government. The ASEAN Member States commend Lao PDR’s firm commitment to and active engagement with the ILO supervisory mechanism, particularly in the implementation of the Convention.

We acknowledge and appreciate the progress made by Lao PDR. These notable signs of progress include comprehensive tripartite and national labour committee consultations, in enhancing its legal framework and ensuring effective implementation of relevant laws and regulations, particularly the Constitution of Lao PDR, Labour Law, Lao Women’s Union Law, Government Officials Law and other related laws including the decrees related to the rights, the protection of workers against discrimination. Furthermore, the Government would also incorporate the Convention into the next revision of the Labour Law.

ASEAN members appreciate Lao PDR’s efforts in promoting the rights and the protection of workers against discrimination including the critical matters related to the rights of workers through its mechanism under the Tripartite and National Labour Management Committee, which has been created from the national to the local level. We, ASEAN Member States, notice the progress of Lao PDR in promoting the rule of law and implementing obligations under ratified ILO Conventions, including the protection of workers against discrimination and related labour rights.

ASEAN members would like to commend Lao PDR for playing a leading role in working with stakeholders in the implementation of related ILO Conventions and the supported projects, the Decent Work Country Programme, and the Global Deal initiative.

In light of the above-mentioned progress in the application of the Convention, ASEAN members call on the ILO and all international partners to support and engage with Lao PDR to further nurture an environment conducive to the exercise of protection of workers against discrimination and enrich harmonious industrial relations.

Interpretation from Russian: Government member, Belarus – We thank the Government of Lao PDR for the detailed information submitted on the issue under consideration. We welcome the commitment of Lao PDR to cooperation with the ILO supervisory bodies, and we also welcome the progress made in implementing the Convention at the national level.

We note the comprehensive insertion into the legislation of the country of provisions that are focused on eradicating all kinds of discrimination in labour and employment. In particular, we note measures that have been undertaken, taking due account of national conditions and practice, and that are intended to advance the principles of gender equality to protect the rights of women on the labour market.

Further, we commend the efforts made by the country to extend equality of opportunity to older persons, and also those living with disabilities, when it comes to employment. We applaud the active interaction of the Government with the social partners in giving effect to decent work country programmes in accordance with ILO Conventions.

We call upon the ILO supervisory bodies to take due account of progress made by Lao PDR in eradicating all types of discrimination and to reflect appropriately the work done by the Government in the conclusions of those supervisory bodies.

However, we do have to state that it is our view that the recommendations made by the ILO supervisory bodies to make changes to the Penal Law are not fully in line with the provisions of the Convention. They do not have a direct link with ensuring that labour standards are respected, and they go beyond the mandate of the ILO. In fact, this is something that could be used by third parties as an attempt to interfere within the domestic affairs of Lao PDR. We call on the ILO to continue to provide technical assistance to Lao PDR in order to make further progress in protecting the rights and interests of workers.

Employer member, Cambodia – I am offering this statement to support Lao PDR and its endeavour to safeguard and advance the equality of opportunities, employment and occupation for its citizens under the purview of Convention.

Despite the constraints it is facing, it is commendable that the Government relentlessly pursues the creation and promotion of fair and decent employment and equality of opportunities for its citizens, including by embracing and continuing the executions of the ILO Decent Work Country Programme and in partnership with the ILO and other stakeholders.

We observe that the Government of Lao PDR has expressed its intention and commitment to make necessary updates to its national labour legislation in order to bring it into better alignment with the Convention, and this constructive attitude should be duly noted and welcomed by the Committee.

And we also note that Lao PDR ratified the Convention in 2008, making it one of the most recent countries, if not the latest country to have ratified the Convention. “Better late than never”, as the saying goes, and the courageous attitude of Lao PDR should be encouraged. It is important to take this fact into account and we view that a more appropriate and suitable solution that will benefit Lao PDR is the provision of expert technical support and guidance and, in this respect, technical support and guidance of the ILO has played a pivotal role in strengthening and enhancing the implementation of ILO Conventions and the Recommendations by Member States. We therefore strongly support the Government to seek the technical support and guidance from the ILO to help it achieve the desired objective.

We also view that Lao PDR will gain valuable benefits by providing reports regularly to the Committee of Experts to promote appreciation and understanding by the Committee of Experts of its national realities, the challenges and constraints it is facing as well as the progress that has been achieved.

Worker member, Republic of Korea – The Labour Law of 2014 provides for gender equality in the workplace in the new article 96, and equal pay for equal work between foreign and Lao workers in article 69. The Law provides for protection from discrimination against pregnant women and new mothers in recruitment and termination of employment in articles 87 and 100 and prohibits direct and indirect discrimination by employers against employees based on marital status, gender discrimination or HIV infection in article 143(2). The Law defines “discrimination in the workplace” as “all actions by the employer that hinder, are biased, or limit opportunity for promotion, and confidence on the part of the employee” in article 3(28).

As the Committee of Experts pointed out, it is still unclear whether the legislation is fully in conformity with the Convention.

First, the Law fails to expressly prohibit discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention.

Secondly, “discrimination in the workplace” is defined in a narrow way and fails to encompass various types of discrimination that workers can expect to experience in the workplace, such as discrimination in wage, in-kind payment and benefits, in opportunities for reskilling and upskilling, in personnel placement, and in retirement.

Thirdly, due to the lack of definition of “direct” and “indirect” discrimination, it would make it difficult to introduce the special measures provided for in Article 5(2) of the Convention.

Without proper information on reality, it is difficult to examine how the Government enforces the Law effectively. However, according to the limited information available, gender gaps continue to persist in Lao PDR. According to the UNDP, although almost equal to men in labour market participation, women’s average monthly income is just 77 per cent of that of men, and women are over-represented in low-skill occupations and spend a disproportionate amount of time on unpaid family and care work. Just 21.9 per cent of Members of Parliament are women and the number is even lower at subnational levels. Women’s share of the labour force in the formal economy is very low, only 15 per cent according to the Labour Force Survey of 2016–17. Many women still join the informal sector and lower skills industries such as retail and services, which means they are not entitled to relevant employment benefits and social protections.

In conclusion, I hope the Committee is able to discuss the implementation of the Convention by Lao PDR with more concrete information on how the laws are implemented in practice, provided by the social partners as well as by the Government in the future.

Government member, Viet Nam – I would like to align myself with the statement delivered by the distinguished delegate of Indonesia on behalf of the ASEAN Members States. Viet Nam took note of the Committee of Experts’ report and the comprehensive updates communicated by the Lao Government on the application of the Convention. Viet Nam commends the commitment and progress that Lao PDR has made in the promotion of workers’ rights and protection of workers against discrimination through the implementation of the Convention. Particularly, we welcome the Government of Lao PDR’s continued efforts to strengthen its legislative framework to address discrimination at the workplace on all grounds, including the effort to incorporate the Convention into the next revision of the Labour Law. It is also appreciated that all these efforts are conducted through comprehensive Tripartite and National Labour Management Committee consultations.

We also applaud Lao PDR’s efforts to enhance access to vocational and skill training for people, including through the Decent Work Country Programme supported by the ILO, forming a firm basis to prevent discrimination at workplaces. We welcome Lao PDR’s constructive engagement with the ILO supervisory mechanisms and call on the ILO and international partners to continue their support and engagement with Lao PDR for further strengthening the protection of workers against discrimination and the implementation of the Convention.

Worker member, Singapore – On behalf of the Singapore National Trades Union Congress, I wish to address the continued discrimination based on gender still taking place in Lao PDR, and I urge the Government to strengthen its Labour Law of 2014 to address these concerns.

Based on research conducted by the Association for Development of Women and Legal Education in 2017, involving views from workers in the garment factory, restaurants and state enterprises in Lao PDR, women faced as high as 90 per cent chance of sexual harassment, either verbally or physically, in the workplace.

The same Association conducted further research in 2023, and it is alarming that the newer research findings showed that, while over 50 per cent of the employee respondents have experienced sexual harassment in their life, and over 30 per cent have experienced it in the workplace, most companies do not organize any form of training about sexual harassment. Needless to say, most companies also do not have a workplace harassment policy, a code of conduct or proper grievance handling.

We need to have very clear and substantive legislative guidance and measures in workplaces to prevent breeding grounds for the occurrence of all types of sexual harassment, such as unwelcome sharing, offensive materials and remarks, sexual comments and also invasions of personal space, overt sexual touching, unwanted non-sexual touching, following or threatening and flashing.

This is unacceptable and should be addressed immediately. We need to ensure that every worker has a safe working environment and is not subjected to such treatment.

The Lao social partners, especially the Government and employers, should join the Lao trade unions and collectively take a serious stand against sexual harassment through a range of laws that guard against various forms of sexual harassment, including workplace sexual harassment. We join the call for the Lao Government to comply with the ILO request for updated information and work with the ILO to strengthen the new measures, together with the social partners.

Interpretation from Chinese: Government member, China – We have read the detailed presentation by the representative of the Government, and we have carefully reviewed the report of the Committee of Experts and the supplementary materials submitted by the Lao Government to the Committee.

We have noticed that the Constitution and laws have clear provisions for protecting workers from various forms of discrimination. The Government also plans to include relevant provisions of the Convention on the prohibition of employment and occupation discrimination, sex discrimination and sexual harassment in the next revision of its Labour Law.

The Government also plans to deal with relevant issues through appropriate dispute resolution mechanisms with the protection of the law. We have noticed that the Lao Government has continuously strengthened its efforts to promote the implementation of the Law on Gender Equality, formulated various development plans, comprehensively protected women and children from violence and prohibited gender-based employment and occupational discrimination.

The country has resolutely prohibited ethnic discrimination, focusing on implementing national education policies and gradually narrowed the gap between different ethnic groups. The Government has continuously improved peoples’ living standards, educational level and professional development ability, and protected the rights and interests of the disabled and older workers. The Government has earnestly complied with the Convention in light of its actual development situation and has made certain achievements and progress, so we highly recognize and appreciate these achievements.

We hope the ILO secretariat can strengthen its communication with the Lao PDR Government and provide appropriate technical support.

Worker member, New Zealand – I am the New Zealand Council of Trade Unions’ representative, and I will use this opportunity to discuss the Lao PDR 2017 Penal Law and how it is used to suppress complaints of discrimination. Article 224 of the Penal Law does provide that discrimination against women is punishable by fine, re-education and imprisonment. Article 117 punishes with prison terms from one to five years and significant fines for anyone who is deemed to be conducting propaganda activities and slandering Lao PDR or distorting the guidelines of the Party and policies of the Government, by circulating false rumours or causing disorder by words, which are detrimental to Lao PDR or are for the purpose of undermining or weakening State authority.

Various international organizations report that the Government is stepping up its use of the powers under this legislation to punish people considered dissidents solely based on their use of social media and other outlets to publicly expose serious human right breaches.

The Amnesty International Annual Report released this year, highlighted the attacks on human right defenders in Lao PDR with arbitrary detention, enforced disappearance and killings.

The US Department of State Bureau of Democracy, Human Rights, and Labor 2023 Report on Human Rights Practices, found significant human rights issues and included credible reports of arbitrary or unlawful killings, including extrajudicial killings, cruel, inhuman, or degrading treatment or punishment by government officials, arbitrary arrests or detentions, serious problems with the independence of the judiciary, serious government corruption, serious government restrictions on domestic and international human rights organizations, extensive gender-based violence, including domestic or intimate partner violence, sexual violence, and child, early and forced marriage and prohibiting independent trade unions.

The report acknowledged the existence of legislation prohibiting direct or indirect discrimination by employers against employees based on sex and providing for equal rights for women and men including equal pay for equal work, but stated that the Government did not enforce the law effectively, resulting in ongoing discriminatory behaviour keeping women in subordinate positions and denying them equal access to education and employment.

We are requesting that the Committee and the ILO use their supervisory mechanisms to intervene through diplomatic channels to give effect to the necessary changes to ensure the Convention is properly implemented to have genuine and effective application for women workers without fear of retribution and retaliation.

Government member, Bolivarian Republic of Venezuela – The Bolivarian Republic of Venezuela has noted the statement by the Government representative of Lao PDR. We recognize the efforts made by the Government of Lao PDR to promote a national policy of equality and non-discrimination in employment.

We are aware that the fight against discrimination is arduous and complex.

The Government of Lao PDR has developed a body of legal standards that establish tools to incorporate the standards set out in the Convention.

We therefore consider that the recommendations on adapting the legislation to the provisions of this Convention correspond in this respect.

In this regard, the Government of the Bolivarian Republic of Venezuela recognizes the progress made and encourages the Government of Lao PDR to continue to develop sound and successful social policies to support the working population, and to continue to strengthen its legal framework and institutional mechanisms.

Employer member, Indonesia – I am making the statement here with the support of the fellow members of the ASEAN Confederation of Employers (ACE). Non-discrimination in respect of employment and occupation is a cornerstone of the decent work concept, and we join Lao PDR in re-affirming adherence and support for non-discrimination in the workplace.

Concerning Lao PDR’s case on the Convention, we consider that Lao PDR has set out a strong and compelling case for its compliance, while also providing valuable contextual information. This case also underscores that the effective implementation of the law and regulations require social dialogue (bipartite and tripartite) to promote decent work and non-discrimination.

We value the effectiveness of Member States’ national systems to address important issues of interest, and consensus building as it contributes to the advancement of industrial peace which ultimately benefits workers, employers and economic and social development in our countries.

Interpretation from Russian: Government member, Russian Federation – We have carefully read the observation from the Committee of Experts with reference to the implementation by Lao PDR of the Convention. We note the substantial progress that has been made by the Government in giving effect to obligations that are foreseen under that Convention. We highly commend the efforts focused on combatting discrimination including in terms of guaranteeing labour rights. In that context, we note the work of the Tripartite and National Labour Management Committee and the establishment of that committee has enabled us to see an increase in the level of social protection in the country. Also, we commend the progress made in terms of the legal regulation of labour relationships within Lao PDR. This is a positive dynamic that is shown, for instance, by the fact that the Government intends to incorporate provisions of the Convention directly into the national labour legislation. We are convinced that Lao PDR will continue to combat labour cooperation in close cooperation with social partners. We therefore call upon the ILO to work constructively with the tripartite partnership that exists within Lao PDR. This would include providing technical assistance to all interested parties.

Government member, Cuba – We thank the Government of Lao PDR for the submission of additional information, and we note that Government expresses its willingness to advance tripartite social dialogue in the country, which is working with the ILO, in particular with regard to the implementation of the Convention. This information and reasoning show the willingness of the Government to honour its commitments undertaken in this Organization.

The Government of Lao has provided information on the implementation of legislation in recent years focused on the protection of labour rights and of workers against discrimination in employment. Such actions include the establishment of the Tripartite and National Labour Management Committee. This is very important information that should be assessed appropriately.

We reiterate that mechanisms of cooperation and collaboration should take precedence over mechanisms of coercion. In the analysis of any case, we must favour the path of negotiations, respectful dialogue, assistance and cooperation.

We invite the ILO to collaborate with Lao PDR to continue to foster an environment conducive to the protection of workers against discrimination, and to enrich labour relations in general.

The measures taken against the will of governments, far from promoting dialogue and cooperation, prolong confrontation and do not have the desired results. Therefore, it is important to maintain respect for tripartite dialogue and consensus building, which are both fundamental principles of this Organization.

Chairperson – I can see no more requests for the floor. Now I invite the Government representative of Lao People’s Democratic Republic for his concluding remarks.

Government representative – We listened carefully to and take note of the advice, comments, recommendations, as well as suggestions from all interventions in this session today with regard to the observation of the Committee of Experts on the Convention by Lao PDR.

It is observed that all interventions are constructive and practical in nature. The comments and recommendations are taken into account and will further serve as guidance in improving and enhancing our ongoing efforts in the realization of obligations under the Convention.

It is recognized that discrimination in employment and occupation is clearly an unacceptable practice in all nations and that it also needs immediate resolution. In this regard, I would like to reiterate that Lao PDR has been strictly enforcing the Labour Law, other related laws and regulations as well as working in collaboration with social partners and stakeholders to prevent all forms of discrimination.

However, poverty eradication has long been an integral part of Lao PDR’s national policies and priorities. The Government has emphasized its strong commitment and undertaken its utmost efforts to graduate from the least developed country status for over a decade, and the Government has recently adopted a new poverty graduation strategy entitled “Lao PDR Smooth Transition Strategy for LDC Graduation in 2026 and beyond”. Additionally, the country’s line agencies concerned are still facing challenges and difficulties such as technical expertise, legal advice and financial resources in fulfilling our obligation under the ILO Conventions and other related instruments. We therefore would like to call on the ILO, international communities, social partners and stakeholders to continue providing us the assistance and support.

In this connection, I would like to assure the Committee that the Government is fully committed to the Convention and other related instruments, including at the regional level. For instance, ASEAN labour-related frameworks to ensure that fair and decent employment and occupation exist in all workplaces and assure the Committee that discrimination in employment and occupation is eliminated or ended in all workplaces.

Last but not least, I would like to conclude by expressing my sincere appreciation to the Committee of Experts for the observations. My thanks also go to all Governments, ASEAN Member States, representatives of workers’ and employers’ organizations and others for their constructive interventions and support extended to the Government of Lao PDR in this regard.

Worker members – We would like to thank Lao PDR for its remarks and also thank all the speakers who took the floor.

We note that, 16 years after ratifying the Convention, the Government has yet to take the necessary steps to bring its legislation into conformity with the instrument. We note in this regard the Government’s indication that it intends to amend the 2014 Labour Law through the Labour Development Plan 2026–30. Therefore, we urge the Government to take immediate steps to review its national legislation to: clearly define direct and indirect discrimination; expressly prohibit discrimination at least for the seven grounds set out in Article 1(1)(a); clarify whether the relevant legislation concerns both employment and occupation and whether it applies equally to employers and employees; ensure that domestic workers and civil servants enjoy the same protections and guarantees as other workers; ensure that no provision in the domestic legal order can be used to discriminate against workers for their political opinion; define, prevent and prohibit sexual harassment in employment and occupation including, both, quid pro quo, or blackmail, and hostile environment sexual harassment; and provide for adequate sanctions and remedies.

Furthermore, we urge the Government to adopt and implement, in full cooperation with the social partners, a comprehensive national policy for equality of opportunity and treatment for at least for all the grounds laid out in Article 1(1)(a) of the Convention.

While taking due note of the financial constraints of the Government, we recall that the Convention is a fundamental Convention and that the Government should make every effort to give it full effect. We also request the Government to provide detailed information on the concrete impact of the ongoing plans and programmes on the reduction of inequalities and discrimination in employment and occupation in Lao PDR.

Employer members – The Employer members thank the various speakers who took the floor and notably the Government of Lao PDR for the information provided and for its interventions. We remind the Committee that the Convention is a fundamental Convention which therefore requires special consideration by the ILO, Governments, Workers and Employers.

Our position in this case aligns with the recommendations of the Committee of Experts. The Employer members stand against discrimination in the field of employment and occupation. The Employer members urge the Government to take the necessary steps, in consultation with employers’ and workers’ organizations where applicable, to ensure that its labour law and other domestic legislation and ministerial directions are aligned with the Convention, namely:

• (1) ensuring that protections against discrimination in employment and occupation on at least all the grounds set out in Article 1(1)(a) of the Convention are captured including the protected ground of sex and ensuring that these protections extend to domestic workers and civil servants;
• (2) ensuring that its domestic legislation affords equal protection against discrimination on the basis of nationality, age and socio-economic status with respect to all aspects of employment and occupation; and
• (3) providing information to the Committee of Experts on the progress achieved in this regard including information with respect to the application of such prohibitions against discrimination in practice.

The Employer members also urge the Government to collect information on the practical application of the prohibitions of activities considered to be prejudicial to the security of the State and to provide such information to the Committee of Experts to ensure that, in practice, such laws do not result in discrimination in employment and occupation based on political opinion.

We count on the Government to provide the requested information by 1 September and remind it that, if needed, it can request ILO technical assistance with a view to implementing the above-mentioned recommendations in a timely manner and ensuring full implementation of the Convention both in law and in practice.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

The Committed noted with concern, that 16 years after the ratification the Government has yet to take the necessary steps to bring its legislation fully into conformity with the Convention.

Taking the discussion into account, the Committee urged the Government, in consultation with employers’ and workers’ organizations, to take effective measures to:

• clearly define direct and indirect discrimination in law;
• clearly define, prevent and prohibit sexual harassment in both employment and occupation and ensure that protections and adequate remedies for victims of harassment are provided for in law and practice;
• ensure that the Ministerial Decision on domestic workers is aligned with Convention No. 111 by expressly listing the grounds for prohibited discrimination in accordance with Article 1(1)(a);
• ensure that the prohibitions of discrimination contained in Article 1(1)(a) apply to civil servants and that those protections as contained in the Labour Law and related legislation cover both employment and occupation;
• amend the Labour Law (2014) to expressly prohibit discrimination in employment and occupation on at least all the grounds set out in Article 1(1)(a) of the Convention, including sex; and
• provide information on the application in practice of (i) section 83(4) of the Labour Law, which allows a worker to bring an end to the employment contract in the event of sexual harassment; and (ii) section 141(4), which prohibits employers from violating the personal rights of employees, including with respect to cases of sexual harassment.

The Committee requested the Government to provide a detailed report on the measures taken to implement the Convention in law and practice, notably the above-mentioned recommendations, and progress achieved before the deadline of 1 September 2024.

Government representative – We, the delegation of the Government of Lao People’s Democratic Republic, have listened carefully to the conclusions and take note of all concluding advice, comments and recommendations made by the Committee.

It is obvious that solving the discrimination against employment and occupation is complicated and the resolution needs collective actions from relevant stakeholders, particularly social partners. In this regard, the Government of Lao People’s Democratic Republic requests active and full participation and involvement of the social partners in the development of the legislation and its enforcement.

The Government, however, reaffirms the Committee that it will play its full leading roles in resolving the discrimination on employment and occupation through following up and applying the advice, comments, and recommendations provided by the Committee in the conclusion. In this connection, the Government urges the ILO, international development partners and international social partners to continue providing the assistance and support to the relevant national counterparts in resolving the discrimination on employment and occupation. We also encourage the ILO country office to play a more active role in communicating and collaborating with the Government and the tripartite institutions to provide a more effective technical guidance and advice.

Lastly, may I take this opportunity to express our sincere gratitude to the Committee for the conclusion on this case. We also would like to thank those who have contributed with their comments, advice, recommendations and suggestions on this case. We wish the Committee and colleagues to stay healthy and have a safe journey home.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment.

Article 1(2) of the Convention. Inherent requirements. The Committee notes the Government’s indication, in its report, that the list of occupations reserved for Lao citizens, under section 33(3) of the Labour Law 2014, is still in preparation. The Government adds that, pending adoption of the list, the Lao standard industrial Classification of all Economic Activities (No. 1328/MIC of 13 July 2015) provides a list of business types reserved for Lao citizens. The Committee once again asks the Government to step up its efforts in the finalization of the list of occupations reserved for Lao citizens and to provide the full and complete list once completed. In the meantime, the Committee again asks the Government to provide: (i) information on the practical application of section 33(3) of the Labour Law 2014 and on how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security; and (ii) a copy, in one of the official languages of the Office, of the list of business types reserved for Lao citizens under the Lao standard industrial Classification of all Economic Activities.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that it plans to amend section 72 of the Labour Law 2014 to provide for the same retirement age for both women and men. It notes, from the Government’s report to the United Nations Committee on Economic, Social and Cultural Rights (CESCR), the adoption in 2019 of the Law on Gender Equality (E/C.12/LAO/1, 20 December 2022, paragraph 21). The Committee further notes, from the Government’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) : (1) that promoting gender equality and combating discrimination against women are priorities for the Government; (2) the adoption of the Women’s Development Plan (2021–25); (3) that the National Assembly and the Provincial Assemblies organized 455 awareness-raising workshops to promote gender equality and all forms of discrimination against women, with a total participant of 55,588 (including 24’591 women); and 4) the creation of the National Commission for the Advancement of Women, Mothers and Children which plays an important role in promoting the advancement of women, gender equality and the elimination of all forms of discrimination against women and children. The Committee also notes from the Government’s information to the CEDAW that, in 2022, it provided: (1) scholarships to disadvantaged youth, including 953 women (that is, namely 52.92 per cent of the beneficiaries); and (2) allowances to poor students in vocational education priority courses such as construction, electric, machinery (10 per cent of the beneficiaries were women) and basic business studies (60 per cent were women). The Government also indicates that 47 per cent of the 176,151 civil servants are women, and that, based on statistics from 2020: 43 women occupied the position of ministers or equivalent (23.26 per cent), 105 women occupied the position of vice-misters or equivalent (20.95 per cent), 105 women occupied the position of deputy provincial governors or equivalent (18.09 per cent), 430 women occupied the position of director generals (20.23 per cent), 1,232 women occupied the position of deputy director generals (25.16 per cent), 144 women occupied the position of district/city governors (1.39 per cent), and 99 women governors out of 765 governors (12.94 per cent) occupied the position of deputy district/city governors. The Government explains that the number of women in decision-making positions is limited in many sectors due to the “environment in those sectors”, as well as some “inherent aspects of women such as capability and experience in leadership, including the required qualification” (CEDAW/C/LAO/10, 2 March 2023, paragraphs 11, 24, 25, 36, 58 and 70). In this regard, the Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs, continue to lead to the segregation of men and women in the labour market (see the General Survey on the fundamental Conventions of 2012, paragraph 697). The Committee asks the Government to step-up its efforts in promoting women’s access to higher-level occupations, and to vocational training and education at all levels, free from gender bias, including though public awareness activities. It requests the Government to provide detailed information on: (i) the measures taken in the framework of the Women’s Development Plan (2021–25), the National Strategy for Gender Equality (2016–25) and the National Action Plan for Gender Equality (2016–20); (ii) the specific provisions of the Law on Gender Equality which relate to the prohibition of discrimination in employment and occupation; (iii) the progress achieved to amend section 72 of the Labour Law 2014 to provide for the same retirement age for both women and men; and (iv) up-to-date statistical data, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and vocational training.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee takes note of the Government’s indication that it adopted, in March 2020, the Decree on Ethnic Groups No. 207/GV. However, the Committee notes that the Government does not provide information on the contents of the new decree. The Committee further notes, from the Government’s report to the CESCR, that: (1) it adopted a policy on education to reduce and eliminate the gaps of disadvantaged people, particularly among ethnic pupils, to improve the quality and adequacy of the education system at all levels; (2) in addition to the education in the school system, the Government also made available informal education with the objective of creating conditions and opportunities for Lao multi-ethnic people who cannot access the formal school system to access universal education; and (3) the Government provided intensive ethnic language courses for teachers who will teach in ethnic areas (E.C.12/LAO/1, 20 December 2022, paragraphs 146, 152 and 157). The Committee requests the Government to pursue its efforts in narrowing the gap between ethnic groups, particularly minorities, in accessing education and vocational training. It also once again asks the Government to provide information on: (i) the specific steps taken by the Government to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the steps taken to promote and ensure equality of opportunity and treatment in employment and occupation; (ii) the specific provisions of the Decree on Ethnic Groups which address discrimination in employment and occupation; and (iii) updated statistical data on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

Persons with disabilities and older workers. The Committee notes, from the concluding observations of the United Nations Committee on the Rights of Persons with Disabilities (CRPD): 1) the national policy, strategy and action plan on persons with disabilities for the period 2020-2030, which defines eight key areas, including in work and employment, technical and vocational education and training; and (2) the national action plan on persons with disabilities for the period 2026–30, aiming to increase employment rate of persons with disabilities. However, it also notes that the CRPD expressed its concerns over, among others: (1) the lack of effective redress in cases of discrimination on the basis of disability and multiple and intersectional discrimination; (2) the insufficient implementation of the national action plan on inclusive education due to limited resources; and (3) the high rate of unemployment, part-time employment in precarious conditions and low-wage employment among persons with disabilities, in particular for persons with intellectual disabilities, persons with psychosocial disabilities, women with disabilities, persons affected by leprosy and persons with disabilities living in rural areas(CRPD/C/LAO/CO/1, 30 September 2022, paragraphs 5, 8, 44 and 50). Noting the lack of information provided regarding the Law on Persons with Disability (2019) and the finalization of the Decree on Elderly Persons, the Committee once again asks the Government to provide: (i) detailed information on the application in practice of the Law on Person with Disabilities (2019) and on any progress made towards the adoption of the Decree on Elderly Persons; (ii) information on the concrete measures taken and the results achieved, including under the framework of the national policy, strategy and action plan on persons with disabilities for the period 2020–30, to address discrimination in employment and occupation of persons with disabilities; and (iii) statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 5. Special measures. Women. The Committee notes the Government’s indication that it does not consider section 97 of the Labour Law 2014, which prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous, to constitute discrimination against women. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society (for example, women are in charge of family responsibilities) which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey on the fundamental Conventions, 2012, paragraph 839). The Committee once again requests the Government to review its approach regarding restrictions on women’s employment to ensure that any protective measures taken are strictly limited to maternity protection, in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, to their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Enforcement. The Committee notes that the Government does not provide information in reply to its previous requests, but merely refers to section 224 of the Penal Code which provides for a fine and/or imprisonment in case of discrimination against women. The Committee further notes, from the Government’s report to the CEDAW: (1) the implementation of the Legal Sector Master Plan (2009-2020), focusing on improving the justice system, governance and public administration; (2) the judiciary system has been improved to ensure a fair trial for all, and section 2 of the Decree on Legal Aid provides that persons with disabilities, all Lao multi-ethnic groups, poor people and disadvantaged people and people in a vulnerable situation shall receive legal services without charge; and (3) the numerous trainings and awareness-raising sessions for judges, prosecutors and lawyers, but none appear to relate to discrimination in employment and occupation (CEDAW/C/LAO/10, 17 March 2023, paragraphs 15, 17 and 18). The Committee requests the Government to pursue its efforts and provide information on any awareness-raising activities on the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. It once again asks the Government to provide information on any court or administrative decisions regarding the enforcement of non-discrimination legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1, 2 and 3 of the Convention. Protection of workers against discrimination. Legislation. Scope of application. The Committee notes the Government’s indication, in its report, that it adopted Ministerial Decision on Domestic Workers No. 4369/MOLSW on 2 November 2022. It notes however that the Government does not provide information on its contents. Recalling that section 6 of the Labour Law 2014 excludes domestic workers from its application, the Committee asks the Government to identify the specific provisions, in the Ministerial Decision on Domestic Workers No. 4369/MOLSW and in any other applicable regulations, that protect domestic workers from discrimination in employment and occupation on the grounds set out in the Convention. In addition, noting that the Government does not provide information on the protection of civil servants from discrimination, and recalling that the Labour Law 2014 excludes civil servants from its application, the Committee once again requests the Government to provide a copy of the Law on Government Officials No. 74/NA of 2015 and to identify the specific provisions that protect civil servants from discrimination in employment and occupation on the grounds set out in the Convention.

Article 1(1)(a). Prohibition of discrimination. The Committee notes the Government’s statement that a new section 96 on gender equality in the workplace was introduced in the Labour Law 2014, but that the Government does not provide information on its content. The Committee takes due note of the Government’s indication that, through the Labour Development Plan 2026-2030, the Ministry of Labour and Social Welfare plans to amend the Labour Law 2014. The Committee notes with concern that, once again, the Government has not taken any steps to put its legislation in conformity with the requirements of the Convention. The Committee urges the Government to: (i) clearly define direct and indirect discrimination prohibited by sections 3(28) and 141(9) of the Labour Law; (ii) expressly prohibit discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention; and (iii) provide information on the progress achieved to this end. Also, the Committee asks again the Government to: (i) clarify whether the prohibition of discrimination contained in the Labour Law concerns both employment and occupation and applies equally to employers and employees; and (ii) provide information on the content of the new section 96 of the Labour Law.

Discrimination based on sex. Sexual harassment. The Committee notes with concern that the Government does not reply to its previous requests and merely indicates that it intends to amend the Labour Law 2014. The Committee therefore urges the Government to: (i) take the necessary measures to define, prevent and prohibit sexual harassment in employment and occupation including, both, quid pro quo (blackmail) and hostile environment sexual harassment; (ii) provide for adequate sanctions and remedies; and (iii) provide information on the progress achieved in this regard. In addition, recalling that a legislation under which the sole redress available to victims of sexual harassment is the possibility to resign does not afford sufficient protection for victims of sexual harassment, the Committee once again asks the Government to provide information on the application in practice of: (i) section 83(4) of the Labour Law, which allows a worker to bring an end to the employment contract in the event of sexual harassment; and (ii) section 141(4) which prohibits employers from violating the personal rights of employees, including with respect to cases of sexual harassment.

Article 1(1)(b). Additional grounds of discrimination. The Committee takes note of the Government’s indication that it introduced a new section 69 to the Labour Law 2014, which provides for equality between foreign workers and Lao workers “when undertaking the same work at the same standard of labour and under the same working conditions, including salary or wages”. However, the Committee notes with regret that once again the Government does not reply to its previous requests and refers to paragraph 808 of its General Survey of 2012 on the fundamental Conventions. The Committee requests the Government to take the necessary measures, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the basis of nationality, age or socio-economic status as previously contained in the Labour Law 2007 with respect to all aspects of employment and occupation.

Article 4. Activities prejudicial to the security of the State. The Committee notes with concern the Government’s reiterated statement that there is no information available on this point. Recalling that it has been raising this issue since 2011, the Committee urges the Government to take the necessary measures to collect information on the application in practice of section 117 of the Penal Law 2017, which establishes a broad prohibition of activities considered to be prejudicial to the security of the State, including “propaganda activities”. It requests the Government to indicate the steps taken to ensure that these provisions do not, in practice, result in discrimination in employment and occupation on the basis of political opinion, including information on any complaints made by employees or extracts of any court decisions in this regard.

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

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

Article 1(2) of the Convention. Inherent requirements. The Committee previously noted that, pursuant to section 33(3) of the Labour Law (2014), certain jobs, to be specified in a separate list, can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require special knowledge. The Government had indicated that it would study, research and collect data in order to provide a list of the occupations that are reserved for Lao citizens. The Committee notes the Government’s indication in its report that it is still in the process of drafting the list. The Committee asks the Government to step up its efforts in the finalization of the list of occupations reserved for Lao citizens and to provide the full and complete list once completed. In the meantime, the Committee again asks the Government to provide information on the practical application of section 33(3) of the Labour Law (2014) and on how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security.

Article 2. Equality of opportunity and treatment between men and women. The Committee takes note of the information provided by the Government, in reply to its previous comment, on the outcomes of the National Strategy for the Promotion of the Advancement of Women (2011–15). It had asked the Government to provide up-to-date statistical information on employment and education, disaggregated by sex; as well as to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men. The Committee notes, from the 2018 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Government adopted: (1) the third national strategy for gender equality (2016–2025); (2) the third five-year national action plan for gender equality (2016–2020); and (3) the inclusion of measures, including temporary special measures, in the eighth national five-year “socioeconomic development plan (2016–2020) to advance women’s human rights and their participation in employment and political and public life” (CEDAW/C/LAO/CO/8-9, 14 November 2018, paragraph 5(a) and (b)). The Committee also notes, from the report of the Government on the implementation of the Equal Remuneration Convention, 1951 (No. 100), that it undertook a Labour Force Survey in 2017. The Committee notes, that this survey found “little gender difference in educational attainment”. The Committee notes however that the CEDAW expresses its concern about: (1) the insufficient implementation of the legislative framework; (2) the fact that temporary special measures are restricted solely to increasing the participation of women in decision-making positions and that most targets for the representation of women, which are set at 20–25 per cent, are unable to produce a critical mass for change; (3) the limited access to primary and secondary education for girls, partly due to the indirect costs of education, household chores, language barriers and the persistence of patriarchal attitudes and discriminatory gender stereotypes regarding their roles and responsibilities in the family and in society; and (4) the disproportionately low rates of enrolment among women and girls in vocational schools and higher education, particularly in non-traditional fields of study, such as science, technology, engineering and mathematics (paragraphs 11, 21 and 35). The Committee asks the Government to provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and vocational training. It asks the Government to: (i) provide information on the measures taken in the framework of the National Strategy for Gender Equality (2016–2025) and the National Action Plan for Gender Equality (2016–2020); (ii) pursue its efforts in promoting women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education; and (iii) provide information on the progress achieved in this regard. Finally, noting the Government’s lack of response in this regard, the Committee once again asks the Government to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men, in order to allow women to have the same opportunities as men in their career paths and access to high-level positions.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee notes the Government’s indication, in reply to its previous comment, that the Decree on the Ethnic Affairs, which will provide for the recruitment of officials and civil servants from ethnic groups and the development of their skills and knowledge to allow their return to their local offices as main official, is still being drafted. The Government also provides information, as requested, on the number of graduates in primary and secondary school in 2015, but the Committee notes that the information is not disaggregated by ethnicity or sex. It also notes, from the 2018 concluding observations of the CEDAW, the high illiteracy rates among women and girls, in particular among certain ethnic groups and the limited availability of intercultural education for girls belonging to ethnic minority groups (CEDAW/C/LAO/CO/8-9, paragraph 35(d) and (e)). Recalling the persisting large gap between ethnic groups, and particularly minorities, in accessing education and vocational training, the Committee asks the Government to step up its efforts in narrowing this gap. In this regard, it once again asks the Government to provide information on the specific steps taken by the Government and the Lao Front for National Construction to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the steps taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee asks the Government to provide information on the progress made in adopting and implementing the Decree on the Ethnic Affairs, and to provide a copy once adopted. Once again, the Government is asked to provide updated statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Persons with disabilities and older workers. The Committee previously asked the Government to provide information on the steps taken or envisaged to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law (2014). The Committee notes the Government’s indication that it adopted the Law on Persons with Disabilities (2019) and is drafting a Decree on Elderly Persons. The Committee also takes note of the various strategies and action plans, including the new Strategic Workplan for Persons with Disabilities and the memorandum of understanding signed with two associations to fund US$904,880 for projects to improve the livelihoods, and provide vocational training and employment for disabled persons in Houaphanh Province and Vientiane Capital. The Committee welcomes these initiatives, but notes that very little information is provided with regard to their contents. The Committee therefore asks the Government to provide detailed information on the Law on Person with Disabilities (2019) and the Decree on Elderly Persons, and more specifically on the provisions aimed at ensuring the protection of persons with disabilities and older persons from discrimination in employment and occupation, and on their application in practice. The Committee also asks the Government to provide information on the concrete measures taken under the framework of the Strategic Workplan for Persons with Disabilities, and the results achieved, with regard to employment opportunities and skills development of persons with disabilities. Finally, the Government is asked to provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 5. Special measures. Women. The Committee notes the Government’s indication, in reply to its previous comment, that section 97 of the Labour Law (2014), which prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous, only applied to women and not men who care for young children. The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see 2012 General Survey on the fundamental Conventions, paragraph 839). The Committee recalls that it considers that provisions relating to 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. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes. The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. In light of the above, the Committee asks the Government to review its approach regarding restrictions on women’s employment to ensure that any protective measures taken are strictly limited to maternity protection, in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular to their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Enforcement. In reply to its previous request, the Committee notes the Government’s general statement that it is continually disseminating information regarding the laws to the public, including on non-discrimination, by various channels such as radio, television and newspaper. The Government adds that labour inspectors also raise awareness on the non-discrimination and equal pay legislation through their normal inspection duties and through awareness-raising campaigns. The Committee notes that, once again, the Government indicates that there is no reported case concerning discrimination or equal pay. In this regard, the Committee refers to its direct request on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It would also like to draw the Government’s attention to the fact 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 the 2012 General Survey, paragraph 870). The Committee therefore once again invites the Government to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Recalling the need to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms, it again asks the Government to provide information on any court or administrative decisions regarding the enforcement of non-discrimination and equal pay legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.

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

Articles 1, 2 and 3 of the Convention. Protection of workers against discrimination. Legislation. Scope of application. The Committee previously noted that the Labour Law (2014) excludes civil servants, among others, from its application and that, according to the Government, the Law on Government Officials No. 74/NA of 2015 prohibits discrimination against government officials. It also noted that, by requiring domestic workers to “comply with the working contract”, section 6 excludes them from the protection of the Labour Law. Recalling that the principle of the Convention applies to all workers, the Committee asked the Government to indicate how civil servants and domestic workers are protected against discrimination in employment and occupation. The Committee notes the Government’s indication in its report that the contract between domestic workers and their employers is governed by specific regulations. The Government adds that the Ministry of Labour and Social Welfare is drafting a Decision on the management of domestic workers, which will be in conformity with the Convention. The Committee therefore asks the Government to provide detailed information on the specific regulations that apply to domestic workers, to which the Government refers, and to indicate how these regulations protect them from discrimination in employment and occupation on the grounds set out in the Convention. It also asks the Government to provide information on the draft Ministerial Decision on the management of domestic workers. Noting the Government’s indication that the Law on Government Officials No. 74/NA of 2015 is only available in Lao, the Committee asks the Government to provide a copy of the Law and to identify the specific provisions that protect civil servants from discrimination in employment and occupation on the grounds set out in the Convention.

Article 1(1)(a). Prohibition of discrimination. In its previous comments, the Committee noted that the Labour Law 2014, reforming the Labour Law 2007, prohibits direct and indirect discrimination in the workplace in general terms (sections 3(28) and 141(9)), without clearly defining direct and indirect discrimination. In addition, while there are provisions prohibiting gender discrimination, the Committee noted that the Labour Law 2014 no longer explicitly prohibits discrimination on the grounds of race, religion and belief, as previously provided for in section 3(2) of the Labour Law 2007, nor does it prohibit discrimination based on colour, political opinion, national extraction or social origin. The Committee notes the Government’s reply, referring to article 35 of the Constitution (as revised in 2015), which provides that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”. It also notes the Government’s very general statement that it promotes equal rights for all persons without discrimination. The Committee is therefore once again bound to recall the importance of clear and comprehensive definitions of what constitutes discrimination and, in particular, of what constitutes direct and indirect discrimination, in identifying and addressing its many manifestations (2012 General Survey on the fundamental Conventions, paragraphs 743–745). In addition, recalling that the Labour Law 2014 only appears to prohibit discrimination by employers towards employees, the Committee once again draws the Government’s attention to the fact that the Convention covers a wider range of situations, including the situation of discrimination by an employee towards another employee. Finally, the Committee again emphasizes that, where legal provisions are adopted to give effect to the Convention, they should include at least all the grounds set out in Article 1(1)(a), namely race, colour, sex, religion, political opinion, national extraction and social origin (2012 General Survey, paragraph 853). The Committee once again asks the Government to clarify whether the prohibition of discrimination concerns both employment and occupation and applies equally to employers and employees. It also asks the Government to take steps to amend the Labour Law 2014to clearly define direct and indirect discrimination, and explicitly prohibit discrimination on at least all the grounds set out in the Convention, and to provide information on the progress achieved to this end. In the meantime, the Committee once again asks the Government to indicate how workers are protected in practice against direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention.

Discrimination based on sex. Sexual harassment. The Committee previously noted that section 83(4) of the Labour Law 2014 allows a worker to bring an end to the employment contract in the event of harassment or sexual harassment by the employer, or when the employer ignores sexual harassment, and that section 141(4) prohibits employers from violating the personal rights of employees, especially women employees, by means of speech, sight, text, touch or touching inappropriate areas. The Committee however noted that sexual harassment is not explicitly defined and prohibited in the Labour Law 2014, and that it is unclear how the above provisions protect workers from all forms of sexual harassment in employment and establish adequate remedies and sanctions. In reply to the Committee’s request for information on the measures taken by the Government to define, prevent and prohibit sexual harassment at work, the Government replied that rape is prohibited by sections 128 and 129 of the Penal Law 2005. The Committee therefore recalled that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher standard of proof applicable, which is harder to meet, especially if there are no witnesses, and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey, paragraph 792). The Committee notes with regret that the Government has not replied to its previous requests. The Committee also notes, from the concluding observations of 2018 of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the persistent barriers, including stigma, fear of retribution, deep-rooted discriminatory gender stereotypes and limited legal literacy, that deter women and girls from registering their complaints regarding gender-based discrimination and sexual harassment (CEDAW/C/LAO/CO/8-9, 14 November 2018, paragraph 13(a)). The Committee therefore once again asks the Government to take action to: (i) define, prevent and prohibit sexual harassment in employment and occupation, both quid pro quo and hostile working environment harassment; (ii) provide for adequate sanctions and remedies; and (iii) provide information on the progress achieved in this regard. In the meantime, it asks the Government to provide information on the application in practice of sections 83(4) and 141(4) of the Labour Law 2014, including with respect to cases of sexual harassment. With a view to raising awareness of the issue, the Committee once again encourages the Government to formulate and implement practical measures to prevent and eliminate sexual harassment in employment and occupation, in cooperation with employers’ and workers’ organizations, such as through practical guidance, training, seminars or other awareness-raising activities, and to provide information on any progress made to this end. Finally, with regard to enforcement, the Committee takes note of the Government’s statement that there have been no reports of sexual harassment cases and refers to its comments in its direct request.

Article 1(1)(b). Additional grounds of discrimination. The Committee previously noted that sections 87(1), 100 and 141(2) of the Labour Law 2014 provide protection against discrimination on the basis of pregnancy, marital status and HIV status in recruitment and termination of employment, but no longer prohibit discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law 2007. Noting that the Government has once again not provided information on this subject, the Committee is bound to reiterate its request to the Government to indicate the measures taken, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the basis of nationality, age or socio-economic status as previously contained in the Labour Law 2007 with respect to all aspects of employment.

Article 4. Activities prejudicial to the security of the State. The Committee has repeatedly asked the Government to provide information on the application in practice of section 65 of the Penal Law 2005, which establishes a broad prohibition of activities considered to be prejudicial to the security of the State, including “propaganda activities”, and to indicate how it ensures that this provision does not result in practice in discrimination based on political opinion in employment and occupation. The Committee notes the Government’s indication that section 65 has been replaced by section 117 of the new Penal Law 2017, and that its contents remain the same. It also notes the Government’s repeated reference to article 44 of the Constitution on freedom of association and section 11 of the Trade Union Law 2007 on collective agreements. However, it notes with concern that the Government has once again not provided any information on the application in practice of the current legislation. The Committee therefore urges the Government to provide detailed information on the application in practice of section 117 of the Penal Law 2017 and section 11 of the Trade Union Law 2007, and in particular to indicate the steps taken to ensure that these provisions do not in practice result in discrimination in employment and occupation on the basis of political opinion, including information on any complaints made by employees or extracts of any court decisions in this regard.

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

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

Article 1(2) of the Convention. Inherent requirements. The Committee previously noted that, pursuant to section 33(3) of the Labour Law (2014), certain jobs, to be specified in a separate list, can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require special knowledge. It asked the Government to provide a copy of this list and to indicate how it is ensured that this provision does not lead to indirect discrimination against non-citizens. The Committee notes the Government’s statement in its report that it will study, research and collect data in order to provide a list of the occupations that are reserved for Lao citizens. The Committee asks the Government to provide a full and complete list of occupations reserved for Lao citizens. In the meantime, the Committee once again asks the Government to provide information on the practical application of section 33(3) of the Labour Law (2014) and on how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security.

Article 2. Equality of opportunity and treatment between men and women. In its previous comments, the Committee noted the Government’s indication that the Lao Women’s Union is the lead implementing agency for the Law on the Development and Protection of Women of 2004 and that the Lao National Commission for the Advancement of Women (LCAW) undertakes research, provides policy advice and is responsible for the implementation of the National Strategy for the Promotion of the Advancement of Women (2011–15). It also noted that section 72 of the Labour Law (2014) continues to adopt different retirement ages for men (60 years of age) and women (55 years of age) and asked the Government to give the reasons for different retirement ages according to gender. The Committee notes the Government’s brief indication that the purpose of the different retirement ages between women and men is to promote the role of women. In this regard, the Committee once again recalls that setting earlier retirement ages for women can have a detrimental impact on women’s length of contributory service as well as their career paths and access to higher-level positions (see 2012 General Survey, paragraph 760). Further, the Committee notes, from the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) in reply to the list of issues and questions, dated 21 June 2018, that girls are underrepresented in “typically male” fields of study, such as in sciences (for example, in 2015, there were 1,343 girls for 2,624 boys in “mathematics and statistics”) and information technology (in 2015, there were 956 girls and 1,958 boys in “media and IT”). The Committee also notes from this data that in 2015, women represented 66.9 per cent of the workforce in the accommodation and catering sector, while they represented 33.7 per cent of the workforce in the information technology sector and 9.1 per cent of the workforce in the transportation and warehouse sector (CEDAW/C/LAO/Q/8-9/Add.1, paragraphs 62–63). In this regard, the Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability of full-time jobs, continues to lead to the segregation of women and men in education and training, and consequently in the labour market. The Committee therefore again asks the Government to provide information on the measures adopted and outcomes noted under the National Strategy for the Promotion of the Advancement of Women (2011–15) to promote women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education. Please provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and in the various vocational training courses. The Committee further asks the Government to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men, in order to allow women to have the same opportunities as men in their career paths and access to high-level positions.

Equality of opportunity and treatment irrespective of religion and ethnicity. In its previous comments, the Committee noted the various measures implemented by the Government to close the persisting large gap between ethnic groups, and particularly minorities, in accessing education and vocational training. In this regard, it asked the Government to provide information on the steps taken, with the assistance of the Lao Front for National Construction (LFNC), to address discrimination in employment and occupation based on religious or ethnic grounds and to promote equality. The Committee notes the information provided by the Government that it is investing in expanding secondary teaching to rural areas. It further notes from the Government’s June 2018 Report to the CEDAW that it is preparing a Decree on the Ethnic Affairs in which section 17 envisages the recruitment of officials and civil servants from ethnic groups and the development of their skills and knowledge to allow their return to their local offices as main officials (CEDAW/C/LAO/Q/8-9/Add.1, paragraph 52). The Committee asks the Government to continue its efforts to narrow the gap between ethnic groups, particularly minorities, in accessing education and vocational training. In this regard, it asks the Government to provide information on the specific steps taken by the Government and the LFNC to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the steps taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate if the Decree on the Ethnic Affairs has been adopted and to provide a copy in one of the official languages of the ILO. Once again, the Government is asked to provide updated statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

Persons with disabilities and older workers. The Committee previously noted sections 9(1) and 33(1) of the Labour Law (2014) which provide for employment opportunities and skills development for persons with disabilities and older persons. It also recalls that section 25 of the Decree of the Rights of Persons with Disabilities provides for non-discrimination generally against persons with disabilities with respect to employment and asked the Government to provide information on the practical application of this provision. The Committee notes the Government’s very general statement that it encourages the National Committee for the Persons with Disabilities and Elderly (NCPDE) to promote employment to elderly and persons with disabilities by empowering them “at the village level”. The Committee further notes from the Government’s report to the CEDAW that the NCPDE is preparing national policies, strategies and action plans for people with disabilities (CEDAW/C/LAO/Q/8-9/Add.1, paragraph 81). Noting that the information provided is very general, the Committee reiterates its request for information on the concrete steps taken in practice to implement section 25 of the Decree on the Rights of Persons with Disabilities, including details of any activities undertaken to promote non-discrimination of persons with disabilities in employment and occupation. The Committee also asks the Government to provide detailed information on the specific steps taken or envisaged, including by local authorities, to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law (2014) and the above Decree by, for example, through the provision of training. The Government is asked to provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 5. Special measures. Women. In its previous comments, the Committee noted that section 97 of the Labour Law (2014) prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous. It asked the Government to indicate whether this provision applies only to pregnant and nursing women or whether it applies to all women caring for a child under 1 year of age. The Committee notes that the Government does not reply to its request with regard to section 97 of the Labour Law (2014) but merely states that section 13 of the Law on Family (2008) provides the same rights and obligations to husbands and wives with regard to children. The Committee therefore once again emphasizes that, while measures aimed at assisting workers with family responsibilities are essential to promote equality, it considers that measures reflecting the assumption that the main responsibility for family care lies with women tend to reinforce and prolong stereotypes regarding the roles of men and women in the family and in society. 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 (see 2012 General Survey, paragraphs 785–786). Therefore, the Committee reiterates its requests to the Government that it clarify whether section 97 of the Labour Law (2014) only covers pregnant and nursing women, or whether it covers all women caring for a child under 1 year of age, and to indicate whether the prohibition would apply equally to men caring for a child under 1 year of age.

Enforcement. The Committee previously noted the absence of discrimination claims recorded by the courts and, recalling that this was likely to indicate a lack of awareness of the legislation, it asked the Government to provide information on the measures taken to raise awareness of the legislation on non-discrimination. The Committee notes the Government’s general reply that it has increased awareness of the labour law, including in the process of mediation and resolution of labour disputes through tripartite constituent systems. It further notes from the Government’s report to the CEDAW that the Supreme Court has published a book entitled “How to access justice” and has distributed 3,000 copies, free of charge, to the population. The Government further indicates to the CEDAW that it has actively been disseminating and providing knowledge of human rights in rural and remote areas, especially to women and ethnic minority populations. The Committee asks the Government to continue its efforts in raising awareness among workers, employers and their organizations, and the wider public, of the applicable legislation concerning non-discrimination and the available mechanisms and procedures for redress, and to provide detailed information on the steps taken as well as on the results achieved. Noting that the Government is silent on this point, the Committee reiterates its requests that the Government provide information on any court or administrative decisions regarding the enforcement of non-discrimination legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.

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

Legislation. Scope of application. The Committee previously noted that the new Labour Law (2014) excludes from its application, among others, civil servants. It also noted that it was unclear whether section 6 of the Labour Law (2014) excluded domestic workers by providing that they must “comply with the working contract”. Recalling that the principle of the Convention applies to all workers, the Committee asked the Government to indicate how civil servants and domestic workers were protected against discrimination in employment and occupation. The Committee notes the Government’s indication in its report that the Law on Government Officials No. 74/NA, of 2015, prohibits discrimination against government officials. The Government also indicates that it protects domestic workers’ interests by promoting the conclusion of labour contracts. The Committee recalls that, no provision in the Convention limits its scope as regards individuals or branches of activity, and consequently all workers, including domestic workers, should enjoy equality of opportunity and treatment on the grounds of the Convention in all aspects of employment and that legal and practical measures are needed to ensure their effective protection against discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 795). The Committee therefore asks the Government to provide more specific information on how it is ensured that domestic workers are protected against discrimination on the grounds set out in the Convention. It further asks the Government to provide a copy of the Law on Government Officials No. 74/NA of 2015, in one of the official languages of the ILO, and to identify the provisions that protect civil servants against discrimination in employment and occupation on the grounds set out in the Convention.

Article 1(1)(a) of the Convention. Prohibition of discrimination. In its previous comments, the Committee noted that the new Labour Law (2014) defines discrimination in the workplace as “all action by the employer that hinders, is biased or limits opportunities for promotion and confidence on the part of the employee” (section 3(28)), and prohibits “direct or indirect discrimination by employers against employees in the labour unit” (section 141(9)). While there are provisions prohibiting gender discrimination, the Committee noted that the Labour Law (2014) no longer explicitly prohibits discrimination on the grounds of race, religion and beliefs, as previously provided for in section 3(2) of the Labour Law (2007), nor does it prohibit discrimination based on colour, political opinion, national extraction and social origin. The Committee therefore asked the Government to indicate the full list of grounds in respect of which discrimination is prohibited and the areas of employment and occupation that are covered under sections 3(28) and 141(9) of the new Labour Law (2014). It also asked the Government to provide information on how workers are protected in practice against direct and indirect discrimination and on the steps taken to promote workers’ and employers’ knowledge of the prohibited grounds of discrimination. The Committee notes that the Government’s report is silent on this issue, and therefore once again recalls the importance of clear and comprehensive definitions of what constitutes direct and indirect discrimination in identifying and addressing its many manifestations (see 2012 General Survey, paragraphs 743–745). It also notes that the Labour Law (2014) seems to prohibit discrimination by an employer towards its employees only, and recalls that the Convention covers a wider range of situations, including the situation of discrimination by an employee towards another employee. Finally, the Committee emphasizes that where legal provisions are adopted to give effect to the Convention they should include at least all the grounds set out in Article 1(1)(a), namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee therefore once again asks the Government to identify the full list of grounds of discrimination that are prohibited under sections 3(28) and 141(9) of the Labour Law (2014) and to clarify whether the prohibition of discrimination concerns both employment and occupation and applies equally to employers and employees. Please provide information on any administrative or judicial decisions applying and interpreting these provisions. The Committee once again asks the Government to indicate how workers are protected in practice against direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention. It also reiterates its request that the Government provide information on any steps taken or envisaged to develop additional guidance for workers and employers, as well as law enforcement authorities, on the definition of direct and indirect discrimination and the prohibited grounds of discrimination in the Labour Law (2014).

Discrimination based on sex. Sexual harassment. Previously, the Committee noted that section 83(4) of the Labour Law (2014) allows a worker to bring an end to the employment contract in the event of harassment or sexual harassment on the part of the employer, or when the employer ignores that sexual harassment, and that section 141(4) prohibits employers from violating the personal rights of employees, especially female employees, through speech, sight, text, touch or touching inappropriate areas. However, the Committee noted that sexual harassment is not explicitly defined and prohibited in the Labour Law (2014), and that it is unclear how the above provisions protect workers from all forms of sexual harassment in employment, and provide for adequate remedies and sanctions. Recalling the importance of taking effective measures to prevent and prohibit both quid pro quo and hostile work environment sexual harassment, the Committee asked the Government to provide information on the measures taken to define, prevent and prohibit sexual harassment at work, and on the practical application of section 83(4) and 141(4) of the Labour Law (2014). The Committee notes the Government’s indication that sections 128 and 129 of the Penal Law (2005) prohibit rape and that, with the cooperation of tripartite constituents, no cases of sexual abuse in employment were detected. As the Committee emphasized in paragraph 792 of its 2012 General Survey, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher standard of proof applicable, which is harder to meet, especially if there are no witnesses, and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee also considers that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment, since it in fact punishes them and could dissuade victims from seeking redress. The Committee therefore asks the Government to provide information on the practical application of sections 83(4) and 141(4) of the Labour Law (2014), including with respect to cases of sexual harassment. The Committee also asks the Government to take action to define, prevent and prohibit sexual harassment in employment and occupation, both quid pro quo and hostile environment harassment, to provide for adequate sanctions and remedies, and to submit information in this regard. With a view to raising awareness on the issue, the Committee further encourages the Government to formulate and implement practical measures to prevent and eliminate sexual harassment in employment and occupation, in cooperation with employers’ and workers’ organizations, such as through guidebooks, training, seminars or other awareness-raising activities and to provide information on any progress made in this regard.

Article 1(1)(b). Other grounds. The Committee previously noted that sections 87(1), 100 and 141(2) of the Labour Law (2014) provide protection against discrimination on the basis of pregnancy, marital status and HIV status in recruitment and termination of employment, but no longer prohibits discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law (2007). It therefore asked the Government to identify the measures taken to ensure the same level of protection against discrimination in employment and occupation, in particular on the ground of socio-economic status. Noting the lack of information provided, the Committee reiterates its request that the Government identify the measures taken, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the additional grounds previously contained in the Labour Law (2007), with respect to all aspects of employment.

Article 4. Activities prejudicial to the security of the State. For a number of years the Committee has been asking the Government to provide information on the application in practice of section 65 of the Penal Law (2005) which sets out a broad prohibition on activities considered to be prejudicial to the security of the State, including conducting “propaganda activities”, and to indicate how it ensures that this provision does not result in practice in discrimination based on political opinion in employment and occupation. The Committee notes the Government’s reference to section 44 of the Constitution, on freedom of association, and section 11 of the Trade Union Law (2007), on collective agreements. However, it notes with regret that the Government does not provide any information with regard to the practical application of section 65 of the Penal Law (2005). The Committee therefore once again asks the Government to provide detailed information on the practical application of section 65 of the Penal Law (2005), and in particular to indicate the steps taken to ensure that the provision does not in practice result in discrimination based on political opinion in employment and occupation, for example, by providing information on any complaints made by employees or extracts of any court decisions in this regard.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee recalls that article 35 of the Constitution of 2003 provides that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”, and article 8 provides that all acts creating division and discrimination against ethnic groups are prohibited. The Committee notes the Government’s indication that “belief” in article 35 of the Constitution includes religion, but does not include political opinion. The Committee further notes that the new Labour Law 2014 defines discrimination in the workplace as “all action by the employer that hinders, is biased or limits opportunities for promotion and confidence on the part of the employee” (section 3(28)), and prohibits “direct or indirect discrimination by employers against employees in the labour unit” (section 141(9)). While there are some provisions prohibiting gender discrimination, the Committee notes that the Labour Law 2014 no longer explicitly prohibits discrimination on the grounds of race, religion and beliefs, as previously provided for in section 3(2) of the Labour Law 2007, nor does it prohibit discrimination based on colour, political opinion, national extraction and social origin. In its 2012 General Survey on the fundamental Conventions, paragraphs 743–745, the Committee emphasizes the importance of clear and comprehensive definitions of what constitutes direct and indirect discrimination in identifying and addressing its many manifestations. It also recalls that where legal provisions are adopted to give effect to the Convention they should include at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee asks the Government to indicate the full list of grounds of discrimination and aspects of employment and occupation that are prohibited under sections 3(28) and 141(9) of the Labour Law 2014, and to provide information on any administrative or judicial decisions applying and interpreting these provisions. The Committee also asks the Government to indicate how workers are protected in practice against direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention. Further, the Committee asks the Government to provide information on any measures taken or envisaged to develop additional guidance for workers and employers, as well as law enforcement authorities, on the definition of direct and indirect discrimination and the prohibited grounds of discrimination in the Labour Law 2014.

Article 1(1)(b). The Committee notes that sections 87(1), 100 and 141(2) of the Labour Law 2014 provide protection against discrimination on the basis of pregnancy, marital status and HIV status in recruitment and termination of employment, but no longer prohibits discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law 2007. The Committee asks the Government to indicate the measures taken, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the additional grounds previously contained in the Labour Law 2007, namely nationality, age and socio-economic status, and with respect to all aspects of employment. The Committee reiterates its request to the Government to provide specific information on the practical application of section 25 of the Decree on the Rights of Persons with Disabilities, including details of any activities undertaken to promote non-discrimination of persons with disabilities in employment and occupation.

Legislation. Scope of application. The Committee notes that the categories of workers previously excluded from the Labour Law 2007 have remained the same in the Labour Law 2014, and include civil servants. It notes the Government’s statement that workers excluded from labour legislation are covered by “different legal texts”. The Committee also notes that section 6 of the Labour Law 2014 provides that “household workers” must “comply with the working contract”. The Committee recalls that civil servants are covered by the Prime Minister’s Decree on Civil Servants, which does not contain provisions applying the principles of the Convention and which excludes certain groups from its application (section 3). It also recalls that the principle of the Convention applies to all workers. The Committee asks the Government to provide specific information on how it is ensured in practice that those workers excluded from the scope of the Labour Law, including civil servants, are protected against discrimination on the grounds set out in the Convention. The Committee also asks the Government to clarify whether the provisions of the Labour Law 2014, in particular the non-discrimination provisions, apply to “household workers”.

Sexual harassment. The Committee notes that section 83(4) of the Labour Law 2014 allows the worker to cancel the employment contract in the event of harassment or sexual harassment on the part of the employer, or when the employer ignores that any such action occurs, and that section 141(4) prohibits employers from violating the personal rights of employees, especially female employees, through speech, sight, text, touch or touching inappropriate areas. However, sexual harassment is not explicitly defined and prohibited in the Labour Law 2014, and it is unclear how the above provisions protect workers from all forms of sexual harassment in employment, and provide for adequate remedies and sanctions. The Committee recalls its general observation of 2003 highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment (see also General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to provide information on the practical application of sections 83(4) and 141(4) of the Labour Law 2014, including with respect to cases of sexual harassment, and on any measures taken or envisaged to define and prohibit sexual harassment in employment, both quid pro quo and hostile environment harassment, and to provide for adequate remedies and sanctions. The Committee further requests the Government to consider formulating and implementing practical measures to prevent and eliminate sexual harassment in employment and occupation, in cooperation with employers’ and workers’ organizations, and to provide information on any progress made in this regard.

Article 1(2). Inherent requirements. The Committee notes that, pursuant to section 33(3) of the Labour Law 2014, certain jobs can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require knowledge or high capital. The provision states that these jobs will be specified in a separate list. The Committee asks the Government to provide information on the practical application of section 33(3) of the Labour Law 2014 and how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security. Please provide a copy of the list of occupations reserved for Lao citizens.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the new Labour Law 2014 (section 72) continues to adopt different retirement ages for men (60 years of age) and women (55 years of age), and notes the Government’s statement that voluntary early retirement for women is widely practiced. The Committee recalls that setting earlier retirement ages for women can have a detrimental impact on women’s career paths and access to higher-level positions (see General Survey on the fundamental Conventions, 2012, paragraph 760). The Committee further notes the Government’s indication that the Lao Women’s Union is the lead implementing agency for the Law on the Development and Protection of Women of 2004 and that the Lao National Commission for the Advancement of Women (LCAW) undertakes research, provides policy advice and is responsible for the implementation of the National Strategy for the Promotion of the Advancement of Women (2011–15). The Committee notes the information in the Government’s report on the increase in net enrolment rates of girls and boys in pre-education and elementary education in 2013. The Government further indicates that in 2012 the representation of women of various ethnic groups in high-ranking positions in the public sector was 5.44 per cent. In the private sector, among 508 economic leaders, 153 were women. In 2005–06, of 25,327 vocational students, 9,797 were women; of 1,513 technical and vocational teachers in the public and private sectors, 466 were women. The Committee asks the Government to indicate the reasoning behind providing different retirement ages for men and women, and to provide information on the practical application of section 72 of the Labour Law 2014. The Committee further asks the Government to provide additional information on any practical measures adopted and outcomes noted under the National Strategy for the Promotion of the Advancement of Women (2011–15) to promote women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education. The Committee also asks the Government to provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and in the various vocational training courses.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee notes the Government’s statement acknowledging the multi-ethnic composition of the country and that the development of areas where ethnic minorities reside is a top priority in programmes across all sectors. The Committee notes that the Lao Front for National Construction (LFNC) undertakes much of the advocacy work regarding article 8 of the Constitution, which provides that, “The State pursues the policy of promoting unity and equality among all ethnic groups”. The Committee notes the Government’s statement that there remains a large gap between ethnic groups, and particularly minorities, in accessing education and vocational training. The Government also indicates that “Schools for Ethnic Minorities” have been established in almost every province where ethnic minorities reside, and that they include dormitories, meals, textbooks, clothes and bedding provided by the “fund for education of ethnic minorities.” It further notes that vocational schools and teacher training schools have also been organized for ethnic minorities in many provinces. The Committee requests information on the measures taken by the Government and the LFNC to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee asks the Government to provide statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

Persons with disabilities and older workers. The Committee notes the provisions in the Labour Law 2014 concerning employment opportunities and skills development for persons with disabilities and older persons (sections 9(1) and 33(1)). It also notes the information provided by the Government on the plans and programmes developed for persons with disabilities pursuant to the Decree on the Rights of Persons with Disabilities. The Committee asks the Government to continue providing information on any specific measures taken or envisaged, including by local authorities, to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law, and the above Decree. Please provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 4. Activities prejudicial to the security of the State. The Committee once again asks the Government to provide full information on how the Penal Law, section 65, has been implemented in practice, and in particular to indicate the measures taken to ensure that the provision does not in practice result in discrimination based on political opinion in employment and occupation.

Article 5. Special measures. Women. The Committee notes that section 97 of the Labour Law 2014 prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous. While measures aimed at assisting workers with family responsibilities are essential to promote equality, the Committee considers that measures reflecting the assumption that the main responsibility for family care lies with women tend to reinforce and prolong stereotypes regarding the roles of men and women in the family and in society. 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 (see General Survey, 2012, paragraph 786). The Committee asks the Government to explain whether the provisions of section 97 only cover pregnant and nursing women, or in general all women caring for a child under 1 year of age, and to indicate whether the prohibition would apply equally to men caring for a child under 1 year of age.

Part IV of the report form. The Committee notes the Government’s indication that no discrimination claims were recorded by the courts during the reporting period. The Committee 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, a lack of awareness of rights, a lack of confidence in the absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). The Committee asks the Government to provide information on the measures taken or envisaged to raise awareness among workers, employers and their organizations and the wider public of the applicable legislation concerning non-discrimination and the available mechanisms and procedures for redress. It further asks the Government to continue providing information on any court or administrative decisions regarding the enforcement of non-discrimination legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.

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

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

Repetition

Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee recalls that article 35 of the Constitution of 2003 provides that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”, and article 8 provides that all acts creating division and discrimination against ethnic groups are prohibited. The Committee notes the Government’s indication that “belief” in article 35 of the Constitution includes religion, but does not include political opinion. The Committee further notes that the new Labour Law 2014 defines discrimination in the workplace as “all action by the employer that hinders, is biased or limits opportunities for promotion and confidence on the part of the employee” (section 3(28)), and prohibits “direct or indirect discrimination by employers against employees in the labour unit” (section 141(9)). While there are some provisions prohibiting gender discrimination, the Committee notes that the Labour Law 2014 no longer explicitly prohibits discrimination on the grounds of race, religion and beliefs, as previously provided for in section 3(2) of the Labour Law 2007, nor does it prohibit discrimination based on colour, political opinion, national extraction and social origin. In its 2012 General Survey on the fundamental Conventions, paragraphs 743–745, the Committee emphasizes the importance of clear and comprehensive definitions of what constitutes direct and indirect discrimination in identifying and addressing its many manifestations. It also recalls that where legal provisions are adopted to give effect to the Convention they should include at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee asks the Government to indicate the full list of grounds of discrimination and aspects of employment and occupation that are prohibited under sections 3(28) and 141(9) of the Labour Law 2014, and to provide information on any administrative or judicial decisions applying and interpreting these provisions. The Committee also asks the Government to indicate how workers are protected in practice against direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention. Further, the Committee asks the Government to provide information on any measures taken or envisaged to develop additional guidance for workers and employers, as well as law enforcement authorities, on the definition of direct and indirect discrimination and the prohibited grounds of discrimination in the Labour Law 2014.

Article 1(1)(b). The Committee notes that sections 87(1), 100 and 141(2) of the Labour Law 2014 provide protection against discrimination on the basis of pregnancy, marital status and HIV status in recruitment and termination of employment, but no longer prohibits discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law 2007. The Committee asks the Government to indicate the measures taken, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the additional grounds previously contained in the Labour Law 2007, namely nationality, age and socio-economic status, and with respect to all aspects of employment. The Committee reiterates its request to the Government to provide specific information on the practical application of section 25 of the Decree on the Rights of Persons with Disabilities, including details of any activities undertaken to promote non-discrimination of persons with disabilities in employment and occupation.

Legislation. Scope of application. The Committee notes that the categories of workers previously excluded from the Labour Law 2007 have remained the same in the Labour Law 2014, and include civil servants. It notes the Government’s statement that workers excluded from labour legislation are covered by “different legal texts”. The Committee also notes that section 6 of the Labour Law 2014 provides that “household workers” must “comply with the working contract”. The Committee recalls that civil servants are covered by the Prime Minister’s Decree on Civil Servants, which does not contain provisions applying the principles of the Convention and which excludes certain groups from its application (section 3). It also recalls that the principle of the Convention applies to all workers. The Committee asks the Government to provide specific information on how it is ensured in practice that those workers excluded from the scope of the Labour Law, including civil servants, are protected against discrimination on the grounds set out in the Convention. The Committee also asks the Government to clarify whether the provisions of the Labour Law 2014, in particular the non-discrimination provisions, apply to “household workers”.

Sexual harassment. The Committee notes that section 83(4) of the Labour Law 2014 allows the worker to cancel the employment contract in the event of harassment or sexual harassment on the part of the employer, or when the employer ignores that any such action occurs, and that section 141(4) prohibits employers from violating the personal rights of employees, especially female employees, through speech, sight, text, touch or touching inappropriate areas. However, sexual harassment is not explicitly defined and prohibited in the Labour Law 2014, and it is unclear how the above provisions protect workers from all forms of sexual harassment in employment, and provide for adequate remedies and sanctions. The Committee recalls its general observation of 2003 highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment (see also General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to provide information on the practical application of sections 83(4) and 141(4) of the Labour Law 2014, including with respect to cases of sexual harassment, and on any measures taken or envisaged to define and prohibit sexual harassment in employment, both quid pro quo and hostile environment harassment, and to provide for adequate remedies and sanctions. The Committee further requests the Government to consider formulating and implementing practical measures to prevent and eliminate sexual harassment in employment and occupation, in cooperation with employers’ and workers’ organizations, and to provide information on any progress made in this regard.

Article 1(2). Inherent requirements. The Committee notes that, pursuant to section 33(3) of the Labour Law 2014, certain jobs can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require knowledge or high capital. The provision states that these jobs will be specified in a separate list. The Committee asks the Government to provide information on the practical application of section 33(3) of the Labour Law 2014 and how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security. Please provide a copy of the list of occupations reserved for Lao citizens.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the new Labour Law 2014 (section 72) continues to adopt different retirement ages for men (60 years of age) and women (55 years of age), and notes the Government’s statement that voluntary early retirement for women is widely practiced. The Committee recalls that setting earlier retirement ages for women can have a detrimental impact on women’s career paths and access to higher-level positions (see General Survey on the fundamental Conventions, 2012, paragraph 760). The Committee further notes the Government’s indication that the Lao Women’s Union is the lead implementing agency for the Law on the Development and Protection of Women of 2004 and that the Lao National Commission for the Advancement of Women (LCAW) undertakes research, provides policy advice and is responsible for the implementation of the National Strategy for the Promotion of the Advancement of Women (2011–15). The Committee notes the information in the Government’s report on the increase in net enrolment rates of girls and boys in pre-education and elementary education in 2013. The Government further indicates that in 2012 the representation of women of various ethnic groups in high-ranking positions in the public sector was 5.44 per cent. In the private sector, among 508 economic leaders, 153 were women. In 2005–06, of 25,327 vocational students, 9,797 were women; of 1,513 technical and vocational teachers in the public and private sectors, 466 were women. The Committee asks the Government to indicate the reasoning behind providing different retirement ages for men and women, and to provide information on the practical application of section 72 of the Labour Law 2014. The Committee further asks the Government to provide additional information on any practical measures adopted and outcomes noted under the National Strategy for the Promotion of the Advancement of Women (2011–15) to promote women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education. The Committee also asks the Government to provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and in the various vocational training courses.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee notes the Government’s statement acknowledging the multi-ethnic composition of the country and that the development of areas where ethnic minorities reside is a top priority in programmes across all sectors. The Committee notes that the Lao Front for National Construction (LFNC) undertakes much of the advocacy work regarding article 8 of the Constitution, which provides that, “The State pursues the policy of promoting unity and equality among all ethnic groups”. The Committee notes the Government’s statement that there remains a large gap between ethnic groups, and particularly minorities, in accessing education and vocational training. The Government also indicates that “Schools for Ethnic Minorities” have been established in almost every province where ethnic minorities reside, and that they include dormitories, meals, textbooks, clothes and bedding provided by the “fund for education of ethnic minorities.” It further notes that vocational schools and teacher training schools have also been organized for ethnic minorities in many provinces. The Committee requests information on the measures taken by the Government and the LFNC to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee asks the Government to provide statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

Persons with disabilities and older workers. The Committee notes the provisions in the Labour Law 2014 concerning employment opportunities and skills development for persons with disabilities and older persons (sections 9(1) and 33(1)). It also notes the information provided by the Government on the plans and progammes developed for persons with disabilities pursuant to the Decree on the Rights of Persons with Disabilities. The Committee asks the Government to continue providing information on any specific measures taken or envisaged, including by local authorities, to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law, and the above Decree. Please provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 4. Activities prejudicial to the security of the State. The Committee once again asks the Government to provide full information on how the Penal Law, section 65, has been implemented in practice, and in particular to indicate the measures taken to ensure that the provision does not in practice result in discrimination based on political opinion in employment and occupation.

Article 5. Special measures. Women. The Committee notes that section 97 of the Labour Law 2014 prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous. While measures aimed at assisting workers with family responsibilities are essential to promote equality, the Committee considers that measures reflecting the assumption that the main responsibility for family care lies with women tend to reinforce and prolong stereotypes regarding the roles of men and women in the family and in society. 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 (see General Survey, 2012, paragraph 786). The Committee asks the Government to explain whether the provisions of section 97 only cover pregnant and nursing women, or in general all women caring for a child under 1 year of age, and to indicate whether the prohibition would apply equally to men caring for a child under 1 year of age.

Part IV of the report form. The Committee notes the Government’s indication that no discrimination claims were recorded by the courts during the reporting period. The Committee 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, a lack of awareness of rights, a lack of confidence in the absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). The Committee asks the Government to provide information on the measures taken or envisaged to raise awareness among workers, employers and their organizations and the wider public of the applicable legislation concerning non-discrimination and the available mechanisms and procedures for redress. It further asks the Government to continue providing information on any court or administrative decisions regarding the enforcement of non-discrimination legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.

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

Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee recalls that article 35 of the Constitution of 2003 provides that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”, and article 8 provides that all acts creating division and discrimination against ethnic groups are prohibited. The Committee notes the Government’s indication that “belief” in article 35 of the Constitution includes religion, but does not include political opinion. The Committee further notes that the new Labour Law 2014 defines discrimination in the workplace as “all action by the employer that hinders, is biased or limits opportunities for promotion and confidence on the part of the employee” (section 3(28)), and prohibits “direct or indirect discrimination by employers against employees in the labour unit” (section 141(9)). While there are some provisions prohibiting gender discrimination, the Committee notes that the Labour Law 2014 no longer explicitly prohibits discrimination on the grounds of race, religion and beliefs, as previously provided for in section 3(2) of the Labour Law 2007, nor does it prohibit discrimination based on colour, political opinion, national extraction and social origin. In its 2012 General Survey on the fundamental Conventions, paragraphs 743–745, the Committee emphasizes the importance of clear and comprehensive definitions of what constitutes direct and indirect discrimination in identifying and addressing its many manifestations. It also recalls that where legal provisions are adopted to give effect to the Convention they should include at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee asks the Government to indicate the full list of grounds of discrimination and aspects of employment and occupation that are prohibited under sections 3(28) and 141(9) of the Labour Law 2014, and to provide information on any administrative or judicial decisions applying and interpreting these provisions. The Committee also asks the Government to indicate how workers are protected in practice against direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention. Further, the Committee asks the Government to provide information on any measures taken or envisaged to develop additional guidance for workers and employers, as well as law enforcement authorities, on the definition of direct and indirect discrimination and the prohibited grounds of discrimination in the Labour Law 2014.

Article 1(1)(b). The Committee notes that sections 87(1), 100 and 141(2) of the Labour Law 2014 provide protection against discrimination on the basis of pregnancy, marital status and HIV status in recruitment and termination of employment, but no longer prohibits discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law 2007. The Committee asks the Government to indicate the measures taken, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the additional grounds previously contained in the Labour Law 2007, namely nationality, age and socio-economic status, and with respect to all aspects of employment. The Committee reiterates its request to the Government to provide specific information on the practical application of section 25 of the Decree on the Rights of Persons with Disabilities, including details of any activities undertaken to promote non-discrimination of persons with disabilities in employment and occupation.

Legislation. Scope of application. The Committee notes that the categories of workers previously excluded from the Labour Law 2007 have remained the same in the Labour Law 2014, and include civil servants. It notes the Government’s statement that workers excluded from labour legislation are covered by “different legal texts”. The Committee also notes that section 6 of the Labour Law 2014 provides that “household workers” must “comply with the working contract”. The Committee recalls that civil servants are covered by the Prime Minister’s Decree on Civil Servants, which does not contain provisions applying the principles of the Convention and which excludes certain groups from its application (section 3). It also recalls that the principle of the Convention applies to all workers. The Committee asks the Government to provide specific information on how it is ensured in practice that those workers excluded from the scope of the Labour Law, including civil servants, are protected against discrimination on the grounds set out in the Convention. The Committee also asks the Government to clarify whether the provisions of the Labour Law 2014, in particular the non-discrimination provisions, apply to “household workers”.

Sexual harassment. The Committee notes that section 83(4) of the Labour Law 2014 allows the worker to cancel the employment contract in the event of harassment or sexual harassment on the part of the employer, or when the employer ignores that any such action occurs, and that section 141(4) prohibits employers from violating the personal rights of employees, especially female employees, through speech, sight, text, touch or touching inappropriate areas. However, sexual harassment is not explicitly defined and prohibited in the Labour Law 2014, and it is unclear how the above provisions protect workers from all forms of sexual harassment in employment, and provide for adequate remedies and sanctions. The Committee recalls its general observation of 2003 highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment (see also General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to provide information on the practical application of sections 83(4) and 141(4) of the Labour Law 2014, including with respect to cases of sexual harassment, and on any measures taken or envisaged to define and prohibit sexual harassment in employment, both quid pro quo and hostile environment harassment, and to provide for adequate remedies and sanctions. The Committee further requests the Government to consider formulating and implementing practical measures to prevent and eliminate sexual harassment in employment and occupation, in cooperation with employers’ and workers’ organizations, and to provide information on any progress made in this regard.

Article 1(2). Inherent requirements. The Committee notes that, pursuant to section 33(3) of the Labour Law 2014, certain jobs can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require knowledge or high capital. The provision states that these jobs will be specified in a separate list. The Committee asks the Government to provide information on the practical application of section 33(3) of the Labour Law 2014 and how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security. Please provide a copy of the list of occupations reserved for Lao citizens.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the new Labour Law 2014 (section 72) continues to adopt different retirement ages for men (60 years of age) and women (55 years of age), and notes the Government’s statement that voluntary early retirement for women is widely practiced. The Committee recalls that setting earlier retirement ages for women can have a detrimental impact on women’s career paths and access to higher-level positions (see General Survey on the fundamental Conventions, 2012, paragraph 760). The Committee further notes the Government’s indication that the Lao Women’s Union is the lead implementing agency for the Law on the Development and Protection of Women of 2004 and that the Lao National Commission for the Advancement of Women (LCAW) undertakes research, provides policy advice and is responsible for the implementation of the National Strategy for the Promotion of the Advancement of Women (2011–15). The Committee notes the information in the Government’s report on the increase in net enrolment rates of girls and boys in pre-education and elementary education in 2013. The Government further indicates that in 2012 the representation of women of various ethnic groups in high-ranking positions in the public sector was 5.44 per cent. In the private sector, among 508 economic leaders, 153 were women. In 2005–06, of 25,327 vocational students, 9,797 were women; of 1,513 technical and vocational teachers in the public and private sectors, 466 were women. The Committee asks the Government to indicate the reasoning behind providing different retirement ages for men and women, and to provide information on the practical application of section 72 of the Labour Law 2014. The Committee further asks the Government to provide additional information on any practical measures adopted and outcomes noted under the National Strategy for the Promotion of the Advancement of Women (2011–15) to promote women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education. The Committee also asks the Government to provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and in the various vocational training courses.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee notes the Government’s statement acknowledging the multi-ethnic composition of the country and that the development of areas where ethnic minorities reside is a top priority in programmes across all sectors. The Committee notes that the Lao Front for National Construction (LFNC) undertakes much of the advocacy work regarding article 8 of the Constitution, which provides that, “The State pursues the policy of promoting unity and equality among all ethnic groups”. The Committee notes the Government’s statement that there remains a large gap between ethnic groups, and particularly minorities, in accessing education and vocational training. The Government also indicates that “Schools for Ethnic Minorities” have been established in almost every province where ethnic minorities reside, and that they include dormitories, meals, textbooks, clothes and bedding provided by the “fund for education of ethnic minorities.” It further notes that vocational schools and teacher training schools have also been organized for ethnic minorities in many provinces. The Committee requests information on the measures taken by the Government and the LFNC to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee asks the Government to provide statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

Persons with disabilities and older workers. The Committee notes the provisions in the Labour Law 2014 concerning employment opportunities and skills development for persons with disabilities and older persons (sections 9(1) and 33(1)). It also notes the information provided by the Government on the plans and progammes developed for persons with disabilities pursuant to the Decree on the Rights of Persons with Disabilities. The Committee asks the Government to continue providing information on any specific measures taken or envisaged, including by local authorities, to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law, and the above Decree. Please provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 4. Activities prejudicial to the security of the State. The Committee once again asks the Government to provide full information on how the Penal Law, section 65, has been implemented in practice, and in particular to indicate the measures taken to ensure that the provision does not in practice result in discrimination based on political opinion in employment and occupation.

Article 5. Special measures. Women. The Committee notes that section 97 of the Labour Law 2014 prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous. While measures aimed at assisting workers with family responsibilities are essential to promote equality, the Committee considers that measures reflecting the assumption that the main responsibility for family care lies with women tend to reinforce and prolong stereotypes regarding the roles of men and women in the family and in society. 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 (see General Survey, 2012, paragraph 786). The Committee asks the Government to explain whether the provisions of section 97 only cover pregnant and nursing women, or in general all women caring for a child under 1 year of age, and to indicate whether the prohibition would apply equally to men caring for a child under 1 year of age.

Part IV of the report form. The Committee notes the Government’s indication that no discrimination claims were recorded by the courts during the reporting period. The Committee 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, a lack of awareness of rights, a lack of confidence in the absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). The Committee asks the Government to provide information on the measures taken or envisaged to raise awareness among workers, employers and their organizations and the wider public of the applicable legislation concerning non-discrimination and the available mechanisms and procedures for redress. It further asks the Government to continue providing information on any court or administrative decisions regarding the enforcement of non-discrimination legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes that article 35 of the Constitution, 2003 states that “Lao citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”, and article 8 provides that all acts creating division and discrimination against ethnic groups are prohibited. The Committee also notes that section 3(2) of the Labour Law, 2007, prohibits discrimination based on race, nationality, gender, age, religion, beliefs and socio-economic status. Noting that the provisions do not include the grounds of colour, national extraction, social origin and political opinion, the Committee recalls that the grounds of discrimination listed in legislation should include at least all the grounds set out in Article 1(1)(a) of the Convention. The Committee further notes that while there are provisions prohibiting discrimination in the Labour Law (sections 3(2) and 45), no clear definition of discrimination is set out. The Committee asks the Government to indicate whether the ground of “beliefs” in article 35 of the Constitution, and sections 3(2) and 45 of the Labour Code, includes political opinion, and whether “socio-economic status” in sections 3(2) and 45 of the Labour Law includes social origin. The Committee also asks the Government to indicate how workers are protected in practice against direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention, including colour, political opinion, national extraction and social origin. Please also provide information on how “discrimination” in sections 3(2) and 45 of the Labour Law has been interpreted.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the grounds of social status, education and beliefs are included in the prohibition of discrimination set out in section 35 of the Constitution. The Committee also notes that the Labour Law prohibits discrimination on the basis of nationality, age, beliefs or social-economic status (sections 3(2) and 45). In addition, the Decree on the Rights of Persons with Disabilities, 2007, provides for non discrimination generally against persons with disabilities (section 8) and specifically with respect to employment (section 25). The Committee asks the Government to provide information on the implementation in practice of section 35 of the Constitution, sections 3(2) and 45 of the Labour Law and section 25 of the Decree on the Rights of Persons with Disabilities, with respect to the additional grounds of discrimination. The Committee also asks the Government to provide information on any other measures taken to ensure non-discrimination based on disability, age, nationality, beliefs or social-economic status.

Legislation. Scope of application. The Committee notes that the Labour Law provides a range of exclusions in terms of the scope of application. Section 6 provides that the Labour Law applies to all employees and employers who carry out activities in the labour units, and to persons working under written contracts for employment of three months or more. Section 6 also provides that the Labour Law does not apply to civil servants, military and police personnel, the Lao Front for National Construction and Mass Organizations (section 6(3)). Civil servants are covered by the Prime Minister’s Decree on Civil Servants, which does not however contain any provisions applying the principles of the Convention. The Decree excludes certain groups from its application, namely high-ranking officers, the military, the police, and employees of state-owned enterprises or state employees working on a contractual basis (section 3). The Committee also notes that the Labour Law sets out limitations in hiring non-citizens by stating that labour units shall “give priority to Lao citizens” (section 25). The non-discrimination provisions of the Constitution also appear to apply only to citizens. The Committee recalls that the principle of the Convention should apply to all workers. With respect to the priority given to citizens in hiring, the practical application of the legislation should not lead to indirect discrimination against migrant workers on the grounds set out in the Convention. The Committee asks the Government to indicate how it is ensured in practice that those excluded from the scope of the Labour Law are protected against discrimination. Please also provide information on the application of section 25 of the Labour Law, including the occupations covered.

Article 1(3). Areas of employment and occupation. The Committee asks the Government to indicate which areas of employment and occupation are covered by the prohibition laid down in section 3(2) of the Labour Law, and how protection against discrimination is ensured in respect of all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Article 2. National policy. The Committee notes that section 3 of the Law on Development and Protection of Women, 2004, provides for state policies for the development and advancement of women and the protection of their legitimate rights and interests, without any discrimination based on political, economic, social, cultural and family status. It also provides that all members of society shall participate in the implementation of the state policies for the development and advancement of women and that the State shall create conditions to ensure employment and equal rights for men and women. The Committee also notes that a National Strategy for the Promotion of the Advancement of Women was adopted for the period of 2006–10 (CEDAW/C/LAO/CO/7, 14 August 2009, paragraph 4), and that, following its assessment by the National Commission for the Advancement of Women, the second National Strategy for the Promotion of the Advancement of Women was developed for 2011–15. The Committee further notes that article 8 of the Constitution provides that “the State pursues the policy of promoting unity and equality among all ethnic groups”. The Committee asks the Government to provide information on the practical application of the Law on Development and Protection of Women, including measures taken pursuant to the National Strategy for the Promotion of the Advancement of Women. Please also provide information on the role of the Lao Women’s Union and the Lao Commission for the Advancement of Women in this regard. The Committee also asks the Government to provide information on measures taken to implement article 8 of the Constitution, and to ensure non-discrimination and equal opportunities for all religious and ethnic groups of the population, including indigenous communities.

Article 3. Cooperation with social partners. The Committee notes that a tripartite committee has been established to promote industrial relations, vocational skills development, labour standards and skill recognition. The Committee asks the Government to provide specific information on the activities undertaken by the tripartite committee, particularly with respect to non-discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Educational programmes. The Committee asks the Government to indicate any measures taken or envisaged to raise awareness on issues related to discrimination and the relevant legislation, and to promote equality in employment and occupation.

Education and training. The Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that large discrepancies exist between men and women’s levels of education which can hinder women’s access to employment creating wider inequalities between men and women’s opportunities (ibid., paragraph 33). The Committee also notes from the national report submitted to the UN Human Rights Council in the context of the Universal Periodic Review that the Government is reforming its education system and creating opportunities for all people to receive education, especially those living in rural remote areas, women, children and the disadvantaged. In this process it has adopted the National Strategy on Education for 2001–2020, the National Action Plan on Education for All for 2003–2015, the National Education System Reform Strategy for 2006–2015, and the Educational Sector Development Framework, which share the main goal of expanding the opportunity of access to education for Lao people of all ethnic groups across the country (A/HRC/WG.6/8/LAO/1, 22 February 2010, paragraphs 27–28). The Committee further notes that the Labour Law establishes a national training fund, which aims to cover expenses for training and upgrading of professional qualifications (section 11). The Committee asks the Government to provide information on the impact and the results achieved by the different programmes set up to increase access of women, children and disadvantaged peoples to education, such as the National Action Plan on Education for all and the National Education System Reform Strategy. The Committee also asks the Government to provide information on the use of the national training fund to address discrimination and promote equality of opportunity and treatment in employment and occupation. Please also provide information on any measures taken to address the educational and vocational needs of ethnic minorities.

Article 4. Activities prejudicial to the security of the State. The Committee notes that section 65 of the Penal Law, 2005, sets out a broad prohibition on activities considered to be prejudicial to the security of the State, including conducting “propaganda activities”. The Committee asks the Government to provide information on the implementation of section 65 of the Penal Law, and to indicate how in practice it is ensured that this provision does not undermine non-discrimination in employment and occupation based on political opinion or religion.

Article 5. Special measures. Women. The Committee notes that section 59 of the Labour Law allows for different retirement ages between men and women, allowing women to retire earlier than men. The Committee further notes that section 12 of the Law on Development and Protection of Women states: “the vocation and work skill development of women focuses on creating conditions for vocational training for women to have professions, work skill, experiences and discipline so that women can have the same employment opportunity as men”. The Committee asks the Government to indicate how section 59 of the Labour Law, allowing for earlier retirement for women, is applied in practice. The Committee also asks the Government to indicate whether any measures have been taken under section 12 of the Law on Development and Protection of Women to increase women’s access to education, vocational training and employment.

Persons with disabilities. The Committee notes that section 26 of the Labour Law provides that “Labour units shall give priority to disabled or handicapped persons to work in their units in accordance with their abilities and skills, and shall give them suitable positions with regular salary or wages as other general workers”. The Decree on the Rights of Persons with Disabilities also provides for special measures with respect to vocational training, employment and self-employment for persons with disabilities, including reduced training fees, tax deductions, incentive interest rates and the possibility of priority in employment (sections 23–27). The Committee asks the Government to provide information on the practical application of section 26 of the Labour Law, and sections 23–27 of the Decree on the Rights of Persons with Disabilities, with respect to the impact on the representation of persons with disabilities in vocational training, in employment and self-employment.

Part III of the report form. The Committee notes that the Law on Development and Protection of Women is implemented by the Government and the Lao Women’s Union (section 53). The Committee asks the Government to indicate how in practice the activities undertaken by the Lao Women’s Union are coordinated with the Government’s activities with regard to the implementation of the Law on Development and Protection of Women.

Part IV. The Committee asks the Government to provide information on the supervision and enforcement of the non-discrimination legislation through labour inspection and the courts.

Part V. The Committee asks the Government to provide any disaggregated statistical information on the representation of women and the various ethnic groups in the public and the private sector, and on their enrolment rate in educational and vocational training programmes.

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

The Committee notes the information supplied by the Government in its first report on the application of the Convention and the attached legislation. It asks the Government to provide further information on the following points.

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes that article 35 of the Constitution, 2003 states that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”, and article 8 provides that all acts creating division and discrimination against ethnic groups are prohibited. The Committee also notes that section 3(2) of the Labour Law, 2007, prohibits discrimination based on race, nationality, gender, age, religion, beliefs, and socio-economic status. Noting that the provisions do not include the grounds of colour, national extraction, social origin and political opinion, the Committee recalls that the grounds of discrimination listed in legislation should include at least all the grounds set out in Article 1(1)(a) of the Convention. The Committee further notes that while there are provisions prohibiting discrimination in the Labour Law (sections 3(2) and 45), no clear definition of discrimination is set out. The Committee asks the Government to indicate whether the ground of “beliefs” in article 35 of the Constitution, and sections 3(2) and 45 of the Labour Code, includes political opinion, and whether “socio-economic status” in sections 3(2) and 45 of the Labour Law includes social origin. The Committee also asks the Government to indicate how workers are protected in practice against direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention, including colour, political opinion, national extraction and social origin. Please also provide information on how “discrimination” in sections 3(2) and 45 of the Labour Law has been interpreted.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the grounds of social status, education and beliefs are included in the prohibition of discrimination set out in section 35 of the Constitution. The Committee also notes that the Labour Law prohibits discrimination on the basis of nationality, age, beliefs or social-economic status (sections 3(2) and 45). In addition, the Decree of the Rights of Persons with Disabilities, 2007, provides for non discrimination generally against persons with disabilities (section 8) and specifically with respect to employment (section 25). The Committee asks the Government to provide information on the implementation in practice of section 35 of the Constitution, sections 3(2) and 45 of the Labour Law and section 25 of the Decree on the Rights of Persons with Disabilities, with respect to the additional grounds of discrimination. The Committee also asks the Government to provide information on any other measures taken to ensure non discrimination based on disability, age, nationality, beliefs or social economic status.

Legislation. Scope of application. The Committee notes that the Labour Law provides a range of exclusions in terms of the scope of application. Section 6 provides that the Labour Law applies to all employees and employers who carry out activities in the labour units, and to persons working under written contracts for employment of three months or more. Section 6 also provides that the Labour Law does not apply to civil servants, military and police personnel, the Lao Front for National Construction and Mass Organizations (section 6(3)). Civil servants are covered by the Prime Minister’s Decree on Civil Servants, which does not however contain any provisions applying the principles of the Convention. The Decree excludes certain groups from its application, namely high-ranking officers, the military, the police, and employees of State owned enterprises or State employees working on a contractual basis (section 3). The Committee also notes that the Labour Law sets out limitations in hiring non-citizens by stating that labour units shall “give priority to Lao citizens” (section 25). The non discrimination provisions of the Constitution also appear to apply only to citizens. The Committee recalls that the principle of the Convention should apply to all workers. With respect to the priority given to citizens in hiring, the practical application of the legislation should not lead to indirect discrimination against migrant workers on the grounds set out in the Convention. The Committee asks the Government to indicate how it is ensured in practice that those excluded from the scope of the Labour Law are protected against discrimination. Please also provide information on the application of section 25 of the Labour Law, including the occupations covered.

Article 1(3). Areas of employment and occupation. The Committee asks the Government to indicate which areas of employment and occupation are covered by the prohibition laid down in section 3(2) of the Labour Law, and how protection against discrimination is ensured in respect of all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Article 2. National Policy. The Committee notes that section 3 of the Law on Development and Protection of Women, 2004, provides for state policies for the development and advancement of women and the protection of their legitimate rights and interests, without any discrimination based on political, economic, social, cultural, and family status. It also provides that all members of society shall participate in the implementation of the State policies for the development and advancement of women and that the State shall create conditions to ensure employment and equal rights for men and women. The Committee also notes that a National Strategy for the Promotion of the Advancement of Women was adopted for the period of 2006–10 (CEDAW/C/LAO/CO/7, 14 August 2009, paragraph 4), and that following its assessment by the National Commission for the Advancement of Women, the second National Strategy for the Promotion of the Advancement of Women was developed for 2011–15. The Committee further notes that article 8 of the Constitution provides that “the State pursues the policy of promoting unity and equality among all ethnic groups”. The Committee asks the Government to provide information on the practical application of the Law on Development and Protection of Women, including measures taken pursuant to the National Strategy for the Promotion of the Advancement of Women. Please also provide information on the role of the Lao Women’s Union and the Lao Commission for the Advancement of women in this regard. The Committee also asks the Government to provide information on measures taken to implement article 8 of the Constitution, and to ensure non-discrimination and equal opportunities for all religious and ethnic groups of the population, including indigenous communities.

Article 3. Cooperation with social partners. The Committee notes that a tripartite committee has been established to promote industrial relations, vocational skills development, labour standards and skill recognition. The Committee asks the Government to provide specific information on the activities undertaken by the tripartite committee, particularly with respect to non discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Educational programmes. The Committee asks the Government to indicate any measures taken or envisaged to raise awareness on issues related to discrimination and the relevant legislation, and to promote equality in employment and occupation.

Education and training. The Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that large discrepancies exist between men and women’s levels of education which can hinder women’s access to employment creating wider inequalities between men and women’s opportunities (ibid., paragraph 33). The Committee also notes from the national report submitted to the UN Human Rights Council in the context of the Universal Periodic Review that the Government is reforming its education system and creating opportunities for all people to receive education, especially those living in rural remote areas, women, children and the disadvantaged. In this process it has adopted the National Strategy on Education for 2001–2020, the National Action Plan on Education for All for 2003–2015, the National Education System Reform Strategy for 2006–2015, and the Educational Sector Development Framework, which share the main goal of expanding the opportunity of access to education for Lao people of all ethnic groups across the country (A/HRC/WG.6/8/LAO/1, 22 February 2010, paragraphs 27–28). The Committee further notes that the Labour Law establishes a national training fund, which aims to cover expenses for training and upgrading of professional qualifications (section 11). The Committee asks the Government to provide information on the impact and the results achieved by the different programmes set up to increase access of women, children and disadvantaged peoples to education, such as the National Action Plan on Education for all and the National Education System Reform Strategy. The Committee also asks the Government to provide information on the use of the national training fund to address discrimination and promote equality of opportunity and treatment in employment and occupation. Please also provide information on any measures taken to address the educational and vocational needs of ethnic minorities.

Article 4. Activities prejudicial to the security of the State. The Committee notes that section 65 of the Penal Law, 2005, sets out a broad prohibition on activities considered to be prejudicial to the security of the State, including conducting “propaganda activities”. The Committee asks the Government to provide information on the implementation of section 65 of the Penal Law, and to indicate how in practice it is ensured that this provision does not undermine non-discrimination in employment and occupation based on political opinion or religion.

Article 5. Special measures. Women. The Committee notes that section 59 of the Labour Law allows for different retirement ages between men and women, allowing women to retire earlier than men. The Committee further notes that section 12 of the Law on Development and Protection of Women states: “the vocation and work skill development of women focuses on creating conditions for vocational training for women to have professions, work skill, experiences and discipline so that women can have the same employment opportunity as men”. The Committee asks the Government to indicate how section 59 of the Labour Law, allowing for earlier retirement for women, is applied in practice. The Committee also asks the Government to indicate whether any measures have been taken under section 12 of the Law on Development and Protection of Women to increase women’s access to education, vocational training and employment.

Persons with disabilities. The Committee notes that section 26 of the Labour Law provides that “Labour units shall give priority to disabled or handicapped persons to work in their units in accordance with their abilities and skills, and shall give them suitable positions with regular salary or wages as other general workers”. The Decree on the Rights of Persons with Disabilities also provides for special measures with respect to vocational training, employment and self-employment for persons with disabilities, including reduced training fees, tax deductions, incentive interest rates and the possibility of priority in employment (sections 23–27). The Committee asks the Government to provide information on the practical application of section 26 of the Labour Law, and sections 23–27 of the Decree on the Rights of Persons with Disabilities, with respect to the impact on the representation of persons with disabilities in vocational training, in employment and self-employment.

Part III of the report form. The Committee notes that the Law on Development and Protection of Women is implemented by the Government and the Lao Women’s Union (section 53). The Committee asks the Government to indicate how in practice the activities undertaken by the Lao Women’s Union are coordinated with the Government’s activities with regard to the implementation of the Law on Development and Protection of Women.

Part IV. The Committee asks the Government to provide information on the supervision and enforcement of the non-discrimination legislation through labour inspection and the courts.

Part V. The Committee asks the Government to provide any disaggregated statistical information on the representation of women and the various ethnic groups in the public and the private sector, and on their enrolment rate in educational and vocational training programs.