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

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Liban (Ratification: 1977)

The Committee notes with interest the information supplied by the Government in its report in reply to certain points which were raised in its previous direct requests.

1. Nevertheless, the Committee notes that, according to the Government, in view of the situation of instability experienced by the country for over 15 years, the international labour Conventions which have been ratified have not yet been published or implemented in practice. Noting that the Government is in the process of having them published, the Committee requests it to keep it informed of the work of the special commission established to examine the legislative measures needed to give effect to these Conventions. In this context, the Committee welcomes the Government's statement that, within the framework of technical cooperation programmes with the International Labour Organization, the question of the modernization of the Lebanese Labour Code will be raised in the light of modern legal provisions relating to labour and workers, including the provisions of the international labour Conventions ratified by the Lebanese authorities. The Committee requests the Government to keep it informed of any effect given to the possibility of a re-examination of the Labour Code, particularly in the light of the Government's statement that it would examine the measures to be taken in order to eliminate any legislative or other provisions and any administrative practices which were discriminatory, within the framework of the modernization of Lebanese legislation.

2. Articles 1 and 2 of the Convention. The Committee notes that the Government refers once again to section 7 of the Constitution and states that there are no provisions in Lebanese legislation which are discriminatory on the basis of sex, colour, religion or political opinion. As there appear to be no constitutional or legislative provisions specifically prohibiting discrimination based on sex and political opinion, the Committee would be grateful if the Government could indicate the specific measures which are taken to eliminate discrimination based on these grounds in respect of employment and occupation, such as education and information campaigns and vocational guidance programmes.

3. The Committee would be grateful if the Government would supply the text of Legislative Decree No. 112 of 12 June 1959 under which it is prohibited for public officials to engage in politics or become members of a political party. The Committee reminds the Government that, in its 1988 General Survey on Equality in Employment and Occupation, it admitted that restrictions may be imposed on public servants in certain higher posts in so far as they are justified to maintain the reputation of the public service for political impartiality and do not lead in practice to discrimination on the basis of political opinion for the categories of workers concerned (paragraph 61). It therefore considers that, although "it may be admissible" under Article 1, paragraph 2, of the Convention, "in the case of certain higher posts which are directly concerned with implementing government policy, for the responsible authorities to bear in mind the political opinions of those concerned, the same is not true when conditions of a political nature are laid down for all kinds of public employment in general". In this case, the Committee requests the Government to keep it informed of the progress made in relation to the draft legislation to "authorize the members of political parties to be employed in the public service on condition that they exercise no party activities from the time that they are appointed to first category positions, out of concern for public order", to which reference is made in the report.

4. Article 3. The Committee notes that the organizations of employers and workers collaborate in the application of the provisions of the Convention through their presence on labour arbitration councils and legal and administrative committees. The Committee would be grateful if the Government would indicate in its next report the manner in which these councils and committees deal specifically with matters relating to equality of treatment and, if possible, if it would supply examples of cases relating to equality of treatment which have been resolved by such councils or committees.

5. The Committee notes that article 95 of the Constitution was amended by the constitutional Act adopted on 21 September 1990. It notes that the rule for the equitable representation of religious faiths has been abolished, except for first category and equivalent positions. It notes that the Government states that this exception has been maintained as a transitional measure and will disappear. The Committee would also be grateful if the Government would supply information on the manner in which article 95 is applied and on progress achieved in the work of definitively abolishing this rule.

6. The Committee notes that the Government only provides a general description of the functioning of employment services, and emphasizes that no distinction exists between Lebanese citizens. The Committee requests the Government to provide more detailed information (legal texts, statistics, etc.) on the manner in which both public and private employment services give effect to the policy set out in Article 2 of the Convention and the means available to these services, as well as the methods that they use, to ensure that the policy is respected. It requests the Government to keep it informed of any new functions entrusted to these services following the publication of the Convention and the adoption of measures to apply it.

7. Article 4. The Committee would be grateful if the Government would supply in its next report legislative texts: (i) respecting the procedure for controlling the preparation of criminal acts against the security of the State by the services of the Ministry of the Interior and for appeals to be made in this respect; (ii) and those under which "persons who have committed certain illegal acts cannot be employed in the public service before the criminal act is expunged from their judicial file by prescription", as well as any other information which is available in this respect.