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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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