Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Legislative developments. Protection from discrimination. The Committee recalls its previous comments in which it noted the discrimination provisions contained in section 46(1) of the Employment (Amendment) Act (Act 4 of 2006). It had requested the Government to indicate whether section 46(1) was intended to cover indirect discrimination and to clarify why the ground of social origin had been omitted. Noting the Government’s statement that the issues raised will be considered in the revision of the legislation in 2009, the Committee hopes that the new legislation will include an explicit prohibition of direct and indirect discrimination based on all the grounds of the Convention, including social origin.

Sexual harassment. With respect to its previous comments regarding legal protection from sexual harassment by co-workers, the Committee notes the Government’s statement that section 80(1)(a) of the Employment Act, 1995, makes employers liable to conviction for any act done by agents (employees) with the connivance of the employer. Recalling the elements defining sexual harassment set out in its 2002 general observation on the issue, the Committee asks the Government whether section 80(1)(a) covers both quid pro quo as well as hostile environment sexual harassment, and to indicate how persons are protected against acts of sexual harassment by co-workers without the connivance of their employer. Please also indicate the remedies available to victims of sexual harassment.

Articles 2 and 3. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee refers to its previous direct requests regarding the elements that should be contained in a national policy on equality. Noting that the Government intends to commence discussions with the social partners on a national policy on equality of opportunity and treatment, which should be in place by mid-2009, the Committee hopes that the Government will be in a position to provide full information on the contents and the implementation of its policy in its next report.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that new activities have been undertaken with the social partners to promote the application of the Convention. The Committee hopes that, in the context of the discussions on the formulation of the national policy, proactive measures to encourage employers and workers to promote equality at the workplace will be considered, as well as means through which the National Consultative Committee can promote the application of the Convention.

Part V of the report form. The Committee notes the employment and labour market statistics for 2008. It notes that while the total number of female and male active jobseekers is more or less the same, female active jobseekers are primarily concentrated in the clerical and services occupational groups and to a lesser extent in the occupational group of professionals, while more than 75 per cent of the male active jobseekers are found in production. Most of the vacancies are registered for service and production workers in the hotel and restaurant industry and for production workers in the construction industry. Most job placements were in the occupational group of “production workers”, with a majority of them women. A high number of female job placements can also be found for service workers in the public sector. With respect to skills training, women constituted 89.8 per cent of the total placements. While men and women can be found in all occupational groups and industries, the Committee must observe that occupational gender segregation of the labour market exists both in respect of vacancies and active jobseekers. The Committee asks the Government to indicate the measures taken to address occupational segregation of men and women and to promote women’s access in a wider range of occupations and industries. Please also provide information on the type of vocational training courses in which women and men are respectively enrolled, as well as on the type of skills training that has been provided to women placed in the Skills Acquisition Programme and districts projects.