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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - China - Macau Special Administrative Region (RATIFICATION: 1999)

1. Article 1 of the Convention. Sexual harassment. The Committee notes the absence of specific legislation prohibiting sexual harassment in employment and occupation. It recalls from its 2002 general observation that sexual harassment undermines equality at work by calling into question the integrity, dignity and well-being of workers and that it damages an enterprise by weakening the bases upon which work relationships are built and by impairing productivity. The Committee urges the Government, therefore, to take appropriate measures to address sexual harassment in employment and occupation, including the adoption of legislation that prohibits both “quid pro quo” harassment and hostile work environment, and asks the Government to keep it informed of any progress in this regard. It also asks for information in the Government’s next report on the relevant enforcement mechanisms, court decisions, awareness-raising measures and cooperative activities undertaken with employers’ and workers’ organizations to address sexual harassment in the workplace.

2. Discrimination on the basis of sex. The Committee notes from the information provided by the Government to the Committee on the Elimination of Discrimination against Women that the balance between men and women in positions of responsibility in the public sector has improved whereas progress in this regard in the private sector has been slower (CEDAW/C/CHN/5-6/Add.2, page 14). It also notes with interest that the Government has launched campaigns on human rights, including women’s rights and has created the Consultative Commission for Women’s Affairs whose purpose, amongst others, is to promote women’s rights and interests, contribute to the realization of women’s opportunities and encourage their full participation in the development of the Macau Special Administrative Region (MSAR) (CEDAW/C/CHN/Q/6/Add.1, page 32). The Committee asks the Government to provide ongoing information on its campaign to promote women’s rights along with the details of the work of the Consultative Commission regarding the promotion of equal opportunity and treatment in employment and occupation and the results achieved.

3. Discrimination on the basis of race, colour and national extraction. The Committee notes from the Government’s report to the Committee on the Elimination of Racial Discrimination that the majority of non-resident workers in the MSAR come from the Chinese mainland and that Philippine nationals form another important community of non-resident workers (CERD/C/357/Add.4
(Part III), page 5). Noting the Government’s initiatives with respect to the Philippine community, the Committee asks for more detailed information on the measures adopted or under consideration to prevent discrimination on the grounds of race, colour and national extraction in practice and to promote equal opportunity in employment and occupation.

4. Article 2. National policy. The Committee notes the Government’s statement that it has had no difficulties implementing the Convention and that no complaints of discrimination have been identified during the period covered by the report. The Committee wishes to remind the Government that the absence of complaints is not an indication that discrimination does not exist in practice. Nor is the absence of discriminatory laws or administrative measures sufficient to meet the requirements of the Convention. Rather, eliminating discrimination and promoting equal opportunity and treatment in employment and occupation is an ongoing endeavour that requires active and continued efforts. This includes the declaration and pursuit of a national policy, which implies the setting up of programmes along with the Government’s implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee therefore asks the Government to provide information in its next report on how a national policy has been declared and on the general methods by which such a policy is being implemented with respect to the grounds of race, colour, sex, religion, political opinion, national extraction and social origin.

5. Article 4. Activities prejudicial to the security of the State. Noting that the Government did not include information on Article 4 of the Convention, the Committee asks for an indication in its next report on the measures taken and practices governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. Please also provide details on the right of appeal available to such individuals.

6. Article 5. Special measures of protection. The Committee recalls that section 8 of Legislative Decree No. 52/95/M prohibits women from engaging in certain kinds of work that constitutes a real or possible danger to their maternal function. The Government adds in its report that a series of legislative provisions exist to protect women in employment such as article 152 of the Regulation on Hygiene and Safety in Industrial Establishments which prohibits pregnant women from working in dangerous jobs. The Committee notes that the current review of the Juridical Regime for Labour Relations will incorporate a more detailed list of jobs prohibited to women and that the social partners have been consulted in this regard. The Committee hopes that in the context of this review, the Government ensures that the measures taken to protect women are proportional to the objective of safeguarding their maternal function, and that the list of prohibited jobs is not based on stereotypical views of work that is considered appropriate for women and does not impair women’s equality of opportunity and treatment in employment and occupation. The Committee requests the Government to provide a copy of the list of prohibited jobs along with its next report.

7. Labour inspection. The Committee notes from the Government’s information concerning the labour inspectorate that inspectors have undergone training including a module on procedures for monitoring compliance with ILO Conventions. It notes in addition that the Government is in the process of recruiting additional inspectors who will subsequently follow a one year training course during which time they will receive specific training on Convention
No. 111. The Committee welcomes the attention paid by the labour inspectorate to the issue of discrimination in employment and occupation and asks the Government to include along with its next report information on the impact of the training provided to inspectors on Convention No. 111 as well as existing inspection guidelines for monitoring workplace compliance with non-discrimination legislation. Please also provide information on the number and outcome of cases identified by the inspectorate or complaints submitted regarding discrimination in employment and occupation.

8. Part V of the report form. Statistics. The Committee welcomes the statistics provided by the Government on the situation of women in the labour market. It hopes the Government will continue to provide such data, paying particular attention to women’ s occupations and levels of responsibility in both the public and private sectors, along with information on the situation in the MSAR (including statistics) regarding access to vocational training, employment and occupation of persons according to their race, colour, religion, political opinion, national extraction or social origin.