Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

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

The Committee notes the Government's report for the period 1990-91 and the information supplied in reply to its previous direct request.

1. With regard to the programme of promotion, information and education concerning the application of the 1988 Employment (Equal Opportunities) Law which has been undertaken by the Women's Employment Branch, the Committee notes that these activities are continuing. It notes that violations of section 8, under which job advertisements must be written in non-discriminatory language, have been identified and for the most part adjudicated. The Committee requests the Government to supply information on the nature of any penalties which are applied. It also requests the Government to continue supplying information on the activities of the Women's Employment Branch and on the application of section 8.

In its previous direct requests, the Committee requested information on the scope and practical application of section 2 of the above Law, which provides that differential treatment necessitated by the character or nature of the assignment or post shall not be regarded as discriminatory. The Committee notes that, according to the Government, there is not much practice of using this section as grounds for differential treatment. In this respect, the Committee notes the Gestetner decision of 22 January 1992, which reaffirms the principles of non-discrimination set out in the Employment (Equal Opportunities) Law and applies a restrictive interpretation to its provisions. It requests the Government to continue supplying information on the practical and judicial application of this Law.

2. With regard to the participation rate of women in the workforce, the Committee notes the information supplied by the Government which shows that the trend of an increase in their participation is continuing. The Committee also notes the information on the participation in vocational training courses of men and women, as well as of non-Jews. It notes from these statistics that women tend to follow training that is traditionally female, such as sewing, hairdressing, child care and office work. The Committee requests the Government to indicate the measures that it intends to adopt in order to promote, within the framework of a national policy to promote equality of opportunity and treatment in the sense of Article 2 of the Convention, the training of women in other trades in which they are less well represented and, in particular, to promote the employment of non-Jewish women, whose rate of participation in the workforce remains very low (12.6 per cent in 1991). The Committee would also like to receive statistics on the distribution of men and women in different occupations in the various sectors.

3. With regard to the distribution of Jews and non-Jews by occupation, the Committee noted that the number of non-Jewish persons occupying managerial posts and positions of trust was lower than the number of Jewish persons, both in respect of scientific, academic and other professional, technical and similar workers, and the category of clerical and similar workers. It notes from the statistics which were supplied that the situation remains largely the same, since the increase in the proportion of non-Jewish persons in these positions is very low. The Committee notes from the report that the Government embarked in 1992 on a new programme to promote the employment of Israeli Arab workers in the civil service in managerial positions and positions of trust. The Committee hopes that this programme will be effective in the near future and requests the Government to supply detailed information on its implementation and, in particular, on the results obtained.

Furthermore, the Committee would be grateful if the Government would supply information in its next report on the application of the national policy to promote equality of opportunity and treatment in employment for the Bedouin community.

4. The Committee notes that the Government will forward separately the judicial decisions (in translation) handed down in the cases of appeal lodged before the various appeals bodies under section 43 of the Employment Service Law. It hopes that it will also soon receive the text of the draft Basic Law on human rights, of which several important parts have already been adopted, and which is intended to enshrine formally the national policy for the elimination of any discrimination on grounds which correspond to those enumerated in the Convention.