Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Israël (Ratification: 1959)

The Committee takes note of the supplementary information provided by the Government following the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 1 (1) (a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee requested the Government to: (1) take proactive steps to prevent and address sexual harassment in employment and occupation; (2) provide information on any action carried out by the Authority for Advancing the Status of Women; and (3) supply information on the complaints for sexual harassment filed with the Equal Employment Opportunities Commission (EEOC). The Committee notes the 2018 Activity report of the Authority for Advancing the Status of Women (AASW) attached to the Government’s report indicating, inter alia, that a committee was established to develop a national plan to fight against sexual harassment, was allocated10 million new Israeli shekels (US$2,962,000) over three years to implement it, and that this committee conducted a survey to examine the phenomenon of sexual harassment in the workplace, invited civil organizations to submit position papers, consulted with experts, and held several round tables with employers and representatives of the private sector. The AASW is also aiming to introduce a new databank relating to sexual harassment complaints at the higher education level (universities and post-high school institutions) following a government plan for reducing the current levels of sexual harassment cases within government. The ASSW will also launch a public campaign against sexual harassment to bring the issue to the attention of the general public and will intensify and promote training programmes to increase their effectiveness. The Committee further notes the statement by the Government, in its Report on the Implementation of the Beijing Declaration and Platform for Action (Beijing+25), that sexual harassment is most prevalent in the workplace, and that employers must play a key role in its elimination. In this report, the Government states that a voluntary code of conduct for businesses and organizations in Israel was developed in 2018 in order to give managers a tool for preventing and handling sexual harassment in the workplace. The Committee notes that the Standards Institution of Israel helped with definitions and explanations of the laws in Israel pertaining to sexual harassment and tailor-made prevention programmes for organizations who opted to participate in the voluntary code; and that companies and organizations who will adopt the voluntary code will undergo a process of in-depth training within the organization, and in the end receive “The Gold Standard” from the Standard Institution of Israel. The Committee also takes note of the indication that the EEOC can join sexual harassment proceedings initiated before the Labour Court. The Committee requests the Government to provide information on: (i) the implementation and results of the national plan to fight sexual harassment; (ii) the progress achieved in setting up a new databank relating to sexual harassment complaints at the higher education level; (iii) the impact of the campaign launched to sensitize the general public to the legal framework in place to combat it; (iv) the implementation in practice of the voluntary code of conduct against sexual harassment in the workplace; and (v) the number of cases of sexual harassment detected by or brought to the attention of the authorities (labour inspectorate or other entities) and the outcome of these cases, including information on the sanctions imposed. The Committee asks the Government to continue providing the Committee with copies of the activity reports of the Authority for Advancing the Status of Women (AASW).

Article 2. Promotion of gender equality in employment and occupation. In follow up to its previous request for information on the measures adopted to improve the participation of women in the labour market, the Committee takes note of the information included in the 2018 Activity report of the AASW indicating in particular that: (1) the AASW published a comprehensive programme to promote gender equality; (2) local authorities were invited to join the programme and received financial assistance to do so; (3) local authorities were encouraged to conduct various activities, such as: conferences, workshops, events, forums and courses; and (4) the AASW initiated a campaign called “Run for Office!” which resulted in an increase of 40 per cent in the number of women running for local elections compared to the 2013 election. The Committee requests the Government to provide information on the results of the programmes initiated to promote gender equality in employment, and to submit detailed statistical data on the employment situation of women (including data on the distribution of men and women in the public and private sectors, classified by branch of economic activity, occupation, occupational group or level of education or qualification, seniority, age group, size of enterprise, and geographical area.

Equality policy on race, colour, and national extraction. Civil service. The Committee had requested the Government to provide information on the measures adopted to promote the participation of the Arab, Druze and Circassian population in the civil service and their access to positions at all levels. The Committee notes that the Government provides a copy of the Civil Service Diversity and Representation Report for 2018, indicating that: (1) Arab workers constitute 11,7 per cent of the civil service employees and Druze workers constitute 1,6 per cent of the civil service employees; (2) between 2014 and 2018 there was an increase of 2.4 per cent in the representation of Arab employees in the Civil Service; and (3) Arab employees in the Civil Service are over-represented at the entry level and under-represented at senior levels. The Government adds that, in order to increase the rate of representation of Arab employees in the Civil Service, and since many in Arab society live away from headquarter areas, usually located in Jerusalem, the State currently offers accommodation solutions. It also indicates that the gender distribution of Arab employees of the Civil Service is 43 per cent women and 57 per cent men when the general distribution in the Civil Service is 62 per cent women and 38 per cent men. The Committee requests the Government to continue to adopt measures to promote the participation of Arab, Druze and Circassian workers in the civil service, including measures to promote the participation of women belonging to these communities and to ensure access to senior level positions. It also asks the Government to provide detailed information on the results of these measures.

General observation of 2018. With regard to the above issues, and in more general terms, 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 requests the Government to provide information in response to the questions raised in that observation.

Equal Employment Opportunities Commission. In its last comment, the Committee requested the Government to provide information on the impact of the work of the EEOC in addressing discrimination in practice, in particular with regard to discrimination based on pregnancy and family status. The Committee notes that the Government indicates that the EEOC can join legal cases, provide lectures and provide legal counsel to both employers and employees. The Committee requests the Government to provide: (i) information on the number of requests received and interventions in legal proceedings, and the nature of these cases, (ii) information, including statistical data, on the impact of these activities to address discrimination in practice; and (iii) copy of the activity report of the EEOC.