Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds “national extraction” and “social origin”, as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether “place of origin” is to be understood as corresponding to “national extraction” in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of “national extraction” and “social origin”, in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination, and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.