Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Líbano (Ratificación : 1977)

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

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

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

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

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

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

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

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

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

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

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

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

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