Direct Request on submission to competent authorities (CEACR) - adopted 2023, published 112nd ILC session (2024)

Jamaica

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Submission. The Committee notes the Government’s indication that, on 24 February 2020, the Ministry of Labour and Social Security (MLSS) advised the Cabinet on the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019. The Government adds that by letter dated 18 July 2022, the MLSS notified to the ILO Office for the Caribbean of the Government’s interest in ratifying Convention No. 190 and requested technical assistance to conduct a gap analysis to determine if the national legislation and policies are in conformity with the Convention. The Government indicates that is in the process of reviewing a draft gap analysis received on 28 July 2023 to identify the next steps to be taken toward ratification.

In this regard, the Committee wishes to highlight that the completion of the submission process does not require a decision to ratify a Convention or Protocol. In its 2005 Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities, the Committee noted that the main aim of submission is to promote measures at the domestic level for the implementation of Conventions and Recommendations, as well as to promote ratification of Conventions. Governments remain entirely free to propose and action which they may judge appropriate in respect of ILO instruments. One purpose of this obligation is that the instruments adopted by the Conference are brought to the knowledge of the public through their submission to a parliamentary body (Memorandum, Part I(a)–(c)). The Committee recalls that the constitutional obligation of submission is of the highest importance and is a fundamental element of the standards system of the ILO. The Committee therefore once again reiterates its request that the Government provide information on the submission of the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019, adopted by the Conference at its 108th Session (June 2019).