Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1) of the Convention. Sexual harassment. The Committee notes from the Government’s report that sexual harassment has been defined in the new Labour Act, 2003 as "any unwelcome offensive and importunate sexual advances or request made by an employer or superior or a co-worker to a worker whether the worker or officer is a man or a woman" (section 173 of the Labour Act). It also notes that the scope of protection under the law extends to termination of employment with sexual harassment being listed as one of the grounds of unfair termination of employment. The Committee awaits receipt of the new Labour Act and requests the Government to indicate the manner in which the law is being applied in practice to prevent and prohibit sexual harassment.

2. The Government has not responded to matters raised in the Committee’s previous direct request. The Committee is therefore obliged to repeat its request, which read as follows:

1. The Committee notes that the International Confederation of Free Trade Unions (ICFTU) has submitted a report entitled, "Internationally Recognised Core Labour Standards in Ghana" to a meeting of the Trade Policy Review Body of the World Trade Organization held on 26 and 28 February 2001. According to the report, the Cabinet of the Government accepted a proposal to ensure that women hold 40 per cent of public office positions. This measure would appear to promote application of article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". In this regard, the Committee requests the Government to supply information on the proposal and the progress made on the implementation. The Committee also recalls its previous request for more up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

2. The Committee also notes from the ICFTU report that Ghana’s Human Rights Tribunal had its first sexual harassment case in January 1999, in which a cabin attendant was fired for not accepting the sexual advances of her supervisor. The chief executive of the airline refused to pay compensation, and the Tribunal referred the case to the court for the enforcement of the judgement. The Committee would be grateful if the Government would provide information on the manner in which sexual harassment is dealt with in the country including enforcement action. It also requests the Government to continue to provide information on the activities and decisions of the Human Rights Commission and Tribunal.

3. The Committee notes the Government’s reply concerning reference to the criterion of political opinion in the Constitution of Ghana. The Government indicates that article 17(2) should be read in conjunction with article 17(3) on the definition of the word "discriminate", which includes political opinion. Although political opinion is not referred to in article 35(5) of the Constitution, articles 35(6) and (9) indicate that the principle of non-discrimination based on political opinion is not excluded. According to the Government, the guiding principle regarding grounds not explicitly mentioned in provisions of the Constitution is provided in article 33(5) which states that "the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man". The Committee thanks the Government for its reply. In this regard, the Committee recalls its request concerning the implementation of the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil or his or her parents shall be fined. In light of the explanation above, the Committee requests the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a pupil or parent.

4. The Committee notes that labour inspections are conducted in all industrial establishments including the Free Zones, provided by Act No. 504 of 31 August 1995. It therefore requests the Government to supply information on the activities and results of such labour inspections, including details of problems found in relation to discrimination and measures taken to correct them.

5. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?