Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report.

1. The Committee notes that, while a law prohibiting sexual harassment has not yet been promulgated, relevant government ministries are working on the development of a sexual harassment policy and a draft cabinet submission on this issue is under preparation. It also notes that a few companies have put into place written and comprehensive policies on sexual harassment. The Committee requests that the Government continue to forward information both regarding any legislative or policy results in this area, as well as regarding any practical efforts, both in the public and the private sector, to highlight the problem of, and to implement responses to, sexual harassment at work.

2. The Committee notes that previously reported efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex have not yet resulted in any such amendment, and it asks the Government if such efforts are continuing.

3. The Committee welcomes the acknowledgement by the Government in its report that women have historically been placed at a disadvantage in employment. It notes information recently provided by the Government to the Committee on Economic, Social and Cultural Rights (CESCR) regarding the relative disadvantages women still experience in the labour market - that the 1997 unemployment rate for males was 10.6 per cent while that of females was 23.5 per cent, that the "top of the Jamaican labour market tends to favour male rather than female employees," and that women are over-represented in low-paying, low-status, low-productivity segments of the market (E/1990/6/Add.28, paragraphs 28, 41). This situation notwithstanding, the Committee notes that the recommendation made by the Gender and Social Equity Steering Committee, that a preparatory commission that would finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders be created, was not followed through due to lack of funding. The Committee asks the Government how it is exploring ways of following through on this important recommendation in the future. In this regard, the Committee also requests the Government to provide information on any progress being made, pursuant to the 1998-2002 Corporate Plan or otherwise, in the employment situation of women, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

4. The Committee notes the continuing efforts of the Steering Committee on Gender and Social Equity, whose mandate is to put forward recommendations for a framework for which gender equity can be achieved as a policy goal. The Committee requests that the Government provide further specific information on the activities of this Committee, including its linkages with the existing national machinery on the status of women, other recommendations it has made and any underlying research it has conducted on the promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes with interest that the Bureau of Women’s Affairs (BWA) and the Centre for Gender and Development, in cooperation with other women’s NGOs, are involved in the promotion of public education initiatives relating to gender roles and gender stereotyping. The Committee asks the Government to provide specific information on these education efforts particularly as they relate to employment, as well as information on any continuing monitoring efforts undertaken by the BWA.

6. The Committee notes the Government’s efforts relating to vocational training, including: (1) the participation by HEART/NTA (in cooperation with the Inter-American Bank) in the Non-traditional Skills Training for Low-Income Women Project, which trains young women in non-traditional occupations; and (2) the establishment by the Human Employment and Resources Training/National Training Agency (HEART/NTA) of the Training and Employment Referral Centre (TERC), which offers placement services to graduates from certain training programmes. The Committee requests the Government to provide detailed information about these efforts, including the number of women involved, disaggregated by ethnicity where possible, and details of the training activities. At the same time, the Committee reiterates its interest in receiving specific information regarding efforts the Government is or might be taking to encourage males as well as females to enrol in non-traditional skills training.

7. The Committee notes with interest the Government’s recent launching of a comprehensive training programme for disabled persons, whose goals are to train and equip disabled persons with skills in information technology, and to ensure their full integration into the job market, as well as their inclusion in national development. The Committee also notes the efforts by HEART/NTA to include disabled persons in its traditional skills training programmes. In light of the Government’s particular efforts in the area of vocational training, the Committee asks it to provide information about any other efforts to eliminate discrimination in training, not only based on sex and disability, but also based on the other grounds covered by the Convention.

8. The Committee encourages the Government to consider collecting statistics in the context of vocational training, employment disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality.