Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Legislation. Scope of application. In its previous comments, the Committee had asked the Government to provide information on steps taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers, who are excluded from the protection of the Employment Act (Act No. 14 of 1999) (section 4 and not section 26.4 as stated in the previous comments of the Committee) and of Labour Relations Act No. 15 of 1999 (section 3), are protected against discrimination in law and in practice. The Committee notes that the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee notes that the Government has not indicated how the police force, armed forces, prison guards or officers are protected against discrimination in employment and occupation on the grounds covered by the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks the Government to examine the possibility of reviewing the Police and the Prison Acts to insert provisions guaranteeing that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. Pending the adoption of such amendments, the Committee asks the Government to identify any steps taken or envisaged to ensure that these categories of workers benefit effectively from the protection of the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it had previously noted that a draft Sexual Harassment Bill was being prepared and had asked the Government to provide information on the progress of the draft Bill. In its report, the Government indicates that the draft Bill has not yet been tabled in Parliament. In this regard, the Committee notes that the Government has submitted a copy of the 2008 Concept Paper on sexual harassment in Grenada prepared by the Grenada National Organization of Women and social partners which prompted the development of the draft Sexual Harassment Bill. It notes the information that, in the meantime, a draft revised Employment Bill has been formulated which is addressing the issue of sexual harassment in employment and occupation. The Committee notes, however, that the definition enshrined in the draft (section 47.10) only tackles quid pro quo sexual harassment but omits hostile environment sexual harassment. It also notes that, according to the Government, law enforcement officials have received training on violence against women and have since been very responsive to such cases. The Committee hopes that the draft revised Employment Bill will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. It asks the Government to provide information on progress made in this regard, as well as regarding the adoption of the draft Sexual Harassment Bill. Pending the enactment of these Bills, the Committee asks the Government to indicate any steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness among employers, workers and their organizations about the issue and to report on cases dealing with sexual harassment in the workplace identified by law enforcement officials.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that the Ministry of Social Development regularly collaborates with relevant stakeholders, including social partners, in order to promote the principles contained in the Convention. It, however, notes that the report is silent on the existence of complaints and wishes therefore to reiterate that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, but instead could indicate a lack of awareness or understanding of the principles of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Article 3(e). Vocational training and employment services. The Committee notes the statistics provided by the Government on the number of persons having benefited from training at the National Training Agency (NTA) between 2013–16, which show that over these four years, most of the trainees were women (2013: 323 against 97 men; 2014: 105 against 29 men; 2015: 226 against 98 men; and 2014: 259 against 44 men). The Committee asks the Government to explain why women are the main NTA training beneficiaries and to indicate if there are other training institutions in the country. It asks the Government to provide more details on the 12 training areas offered by the NTA and on the steps taken or envisaged to ensure that both men and women are encouraged to enrol in training courses for jobs traditionally held by the other sex. The Committee asks the Government to provide information on the number of persons securing employment after completing technical and vocational training and on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection 1 does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection 1”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Statistics. The Committee notes the 2014 National Force Survey Results (2014 NFS), provided by the Government. The 2014 NFS identifies employment by “sex and industry” and by “sex and occupation”, as well as by reference to “Highest level of Education” (tables 5, 6 and 7). Regarding employment by reference to levels of education, the Committee notes that the rate of employment of women increases as the education level rises: 42.3 per cent of men with a primary education were employed against 28.3 per cent of women; 7.7 per cent of men with a post-secondary education were employed against 11.4 per cent of women; 13.8 per cent of men with a tertiary non-university education were employed against 18.0 per cent for women; and 5.6 per cent of men with a university level education were employed against 11.7 per cent of women. The Committee observes that a higher percentage of men are employed in the following industries: agriculture, forestry and fishing (14.3 per cent male to 5.8 per cent female); and construction (14.4 per cent male to 0.1 per cent female). However, women are more highly represented in the following industries: accommodation and food service activities (9.7 per cent female and 5.0 per cent male); financial and insurance activities (3.8 per cent female and 1 per cent male); public administration and defence and compulsory social security (11.5 per cent female and 8.4 per cent male); education (15.7 per cent female and 5.8 per cent male); human health and social work activities (10.7 per cent female and 2.3 per cent male). Furthermore, the representation of women is also higher in the following occupations: professionals (13.89 per cent female to 5.64 per cent male); clerical support workers (10.86 per cent female to 1.79 per cent male); service and sale workers (38.95 per cent female to 18.68 per cent male). The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the unequal rates of participation of men and women in education and in the labour market. The Government is also asked to provide information on the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their education and vocational opportunities.