Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - República Democrática Popular Lao (Ratificación : 2008)

Article 1(2) of the Convention. Inherent requirements. The Committee notes that, in its written statement to the Conference Committee on the Application of Standards (CAS) the Government stated that, although Article 33(3) of the 2014 Labour Law reserves jobs for Lao citizens, it is not discriminatory because it specifies that the jobs reserved are related to: (1) traditional jobs of Lao ethnic groups, jobs promoting Lao traditions and indigenous knowledge; and (2) jobs that do not require high knowledge or big capital. The Government indicated that it is still in the process of consultation with the relevant sectors to establish that list. It also indicated that there is 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). The Committee asks the Government to provide information on how it is ensured that the application of Article 33(3) of the 2014 Labour Law does not lead in practice to indirect discrimination against non-citizens on the grounds set out in the Convention (i.e. race, colour, sex, religion, political opinion, national extraction or social origin)with respectto jobs that do not require high knowledge or big capital. Additionally, the Committee urges the Government to step up its efforts in the finalization of the list of occupations reserved for Lao citizens under Article 33(3) of the 2014 Labour Law. Pending the adoption of the list mentioned in Article 33(3), please communicate a copy of the 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. In the written information provided to the CAS, the Government indicated that, according to the third Labour Force Survey Report in Lao PDR, 2022: (1) 2.475 million people were employed in the public and private sectors, including 1.1 million women, or 44.4 per cent; (2) 2.1 million people were employed in the informal economy, including 990,000 women, or 47.1 per cent; and (3) data on participation in education and vocational training have not yet been provided by the Ministry of Education and Sports. The Government also indicated that the measures taken in the framework of the Women’s Development Plan (2021–2025) can be found in Chapter VII of the 29 September 2021 Implementing Guidelines for the second National Plan of Action on the Prevention and Elimination of Violence against Women and Violence against Children (2021–25) No. 206/NCAWMC; in Chapter III of the National Strategy for Gender Equality (2016–25); and in Chapter II of the National Plan of Action on Gender Equality. However, the Committee notes with regret that the Government did not explain how these provisions contribute to improving the equality of opportunity and treatment between men and women. The Committee observes that the Decent Work Country Programme (DWCP) for Lao PDR, 2022–26, indicates that women still predominate in more vulnerable sectors of the economy and that they are often pushed into the informal economy, with limited control over or access to assets and resources for income generation, and that one of the DWCP targets is to develop five initiatives to accelerate transition from informal to formal economy by 2026, with attention to sectors where women workers are concentrated, and focus on removing barriers to women’s labour market participation. The Committee further welcomes the several measures and policies adopted to increase equality of opportunity and treatment between women and men, for example: (1) the 28 November 2019 Law on Gender Equality No. 77/NA prescribing gender equality in 11 areas (including politics and governance, economics, education, labour, science, information, technology, national defence and security); (2) the fourth five-year National Plan of Action on Gender Equality (2021–25) enshrining several outputs, including: (a) information provision and awareness-raising to ensure in-depth understanding and placing importance on participation in implementation of gender equality; (b) developing data systems and databases regarding gender equality; (c) women and girls' equal access to education as men and boys; (d) women's economic empowerment; (e) empowering women through Information Technology (IT) skills development and leadership training; and (f) increasing the number of women in management and leadership positions at each level; and (3) the 9th National Socio-Economic Development Plan (NSEDP) (2021–25) enshrining 17 Gender Equality Targets for 2025, for instance: (a) at least 30 per cent of female representation in the National Assembly, Provincial People’s Assemblies and in the leadership positions at the national level; (b) at least 20 per cent of female representation in the leadership positions at the provincial and Vientiane Capital level, at the district level, and at the village level; (c) at least 50 per cent of female representation in civil services; (d) reduction of the Gender ‘Inequality’ Index; (e) increase of the Gender ‘Equality’ Index; or (f) increase of the Gender ‘Development’ Index. The Committee asks the Government to provide detailed information on: (i) the results of the implementation of the above-mentioned laws, plans and strategies, including statistical data, disaggregated by sex, on access to education at all levels, vocational training, employment in the public and private sectors, and in the formal and informal economy, and high-level occupations; and (ii) any awareness-raising activities undertaken to promote equality of opportunity and treatment between women and men. Noting the absence of information on the progress achieved to amend article 72 of the 2014 Labour Law so that it provides for the same retirement age for both women and men, the Committee firmly hopes that it will be part of the points to be reviewed during the Labour Law reform.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Government indicated in its written statement to the CAS that, in accordance with article 22 of the Constitution, 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 create opportunities and conditions for people to receive education throughout the country, especially people in rural areas and ethnic groups. The Committee notes with interest in that regard that, as a result the 8th NSEDP (2016–2020) people of all ethnic groups are given access to quality education. It further notes that, in accordance with Article 4 of the 20 March 2020 Decree on Ethnic Groups No. 207/GoV, the State does not allow any act or behaviour leading to discrimination within and between ethnic groups. It observes however that the 9th NSEDP (2021–2025) underscores that the development of human capital in Lao PDR has tended to be unequal across locations and ethnicities. In this respect, the Committee observes that Output 3 of this Plan aims at promoting equal access to socio-economic development opportunities through the protection of the rights and interests of ethnic groups by providing the necessary assistance or essential support to improve their livelihoods, promoting broader social participation and improving the ethnic balance of personnel at all levels. The Committee also observes that the DWCP for 2022–26 underscores that factors such as ethnicity and gender diversity reinforce the likelihood of women being left behind. Finally, recalling that, under article 35 of the Constitution, Lao citizens are all equal before the law irrespective of their beliefs and ethnic group, the Committee notes with concern that, under article 44, Lao citizens have the right and freedom to believe or not to believe in religions “which are not contrary to the laws”. The Committee asks the Government: (i) to pursue its efforts in narrowing the socio-economic gaps between ethnic groups and report periodically on the results achieved; (ii) to clarify the meaning of the expression referring to religions “not contrary to the laws” mentioned in article 44 of the Constitution, if possible with supporting examples drawn from case law; and (iii) to report on the results of the 9th NSEDP (2021–25) and the DWCP 2022–26 on promoting members of ethnic and religious groups’ equality of opportunity and treatment in employment and occupation. Lastly, the Committee asks the Government to provide statistical data, disaggregated by ethnicity and sex, on: (i) enrolment for primary, secondary and tertiary education, as well as vocational training; and (ii) if available the labour market participation rate and distribution of women and men by sector of activity and occupation in both the public and private sectors.

Persons with disabilities and older workers. The Committee notes the Government’s statement in the written information communicated to the CAS, that the State has made great efforts to create opportunities and conditions for the underprivileged and people with disabilities to receive education. The Government also referred to the 2019 Law on Persons with Disability and the 12 December 2020 Plan of Action for Persons with Disabilities No. 539/GoV. In this respect, the Committee notes that article 38 of this Law provides for the prioritization and creation of conditions for people with disabilities to apply for employment opportunities in accordance with their ability and capacity, and to enjoy basic facilities in the workplace. The Committee also notes that the country DWCP 2022–2026 highlights that women and girls with disabilities are doubly disadvantaged and stigmatized, and that: (1) Outcome 5 on “private sector and skills development, employment promotion and digitalization”, aims to make digital tools available for persons with disabilities and improve their access to Technical and Vocational Education and Training (TVET) and skills development systems; and (2) Article 5 of the 2023 Law on Employment No. 37/NA on the right of access to employment and information on the labour market and the workforce extends to the disadvantaged and persons with disabilities who are able to work. The Committee also notes the statistical data on the different types of disability identified in 2015: of the total population of 6.4 million in the country aged 5 years and older there were 160,881 persons with disabilities, of whom 80,115 were women. The main types of disabilities were 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 women) and communication (54,964 persons, 29,732 women). The Committee asks the Government to provide detailed information on the application in practice of the Plan of Action for Persons with Disabilities and the Law on Persons with Disability, and the results achieved. The Committee once again asks the Government to provide: (i) detailed information on the progress made towards the adoption of a Decree on older workers; and (ii) statistical data, disaggregated by sex, on the participation of persons with disabilities and older workers in education, vocational training and employment.

Article 5. Special measures. Women. The Committee recalls that Article 97 of the 2014 Labour Law 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 notes that, in its written statement to the CAS, the Government stated once again that the provisions of Article 97 do not constitute obstacles to the employment of women, since they are only limited to the protection of maternity based on occupational safety and health risk assessments and the protection of mother and child. The Committeeurges again the Government to review Article 97 of the Labour Law 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. It firmly hopes that the Government will seize the opportunity of the Labour Law reform to review its approach regarding restrictions on women’s employment. Please provide information on any development in this regard.

Enforcement. Please refer to the Committee’s comment under the pending Observation on the Convention.