Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information in its next report on the following points.

1. Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes that under article 55(1) of the Constitution all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex, and that under article 45 of the Constitution every person has the right to freedom of choice of employment. However, the Employment Act, 1978 prohibits discrimination only on the basis of sex. The Committee notes from the Government’s report that the Draft Industrial Relations Act 2003 would prohibit discrimination in employment on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, or social origin. The Government is requested to supply the text of the new Industrial Relations Act as soon as it is adopted. Pending the adoption of the Act, please indicate how the ground of "social origin", contained in the Convention, is to be covered.

2. Discrimination on the basis of sex. In respect to private sector employment, the Committee notes that section 97 of the Employment Act prohibits discrimination against women on the basis of their sex. Recalling that the Convention protects both men and women from discrimination on the basis of sex, the Committee suggests that this provision be amended accordingly in the proposed new Industrial Relations Act. The Committee also considers that section 100 of the Employment Act should be revised in order to ensure that women can not be dismissed on the basis of their pregnancy. (Attention is also drawn to the Committee’s comments on section 97 under Convention No. 100.)

3. In respect to the public service, the Committee wishes to receive further information on the meaning and application in practice of section 32(2)(c)(iv) of the Public Services (Management) Act 1995 which provides that calls for candidates can specify "that only males or females will be appointed, promoted or transferred in particular proportions". The Committee also notes that under section 20.64 of General Order No. 20, a female officer is only entitled to allowances to cover fares and removal expenses on appointment or transfer, as well as recreation leave air fares in respect to herself and her husband and children if she qualifies as a "breadwinner". Under section 20.64 of General Order No. 20, a female officer is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee also notes similar provisions in the Teaching Services Act (section 137). While the Committee recognizes that these provisions may reflect current social realities, it must point out that they are in conflict with the principle of equality and may have a discriminatory effect with regard to women’s employment in the public service. The Committee therefore requests the Government to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act, and any other laws and regulations containing similar provisions.

4.  Sexual harassment. The Committee notes that in the public service sexual harassment (on the basis of quid pro quo and hostile environment) is a disciplinary offence under General Order No. 15 (sections 15.55 and 15.56), as well as under General Order No. 20 (section 20.73). Complaints can be brought to the departmental head of the Department of Personnel Management and the Public Service Commission. Sexual harassment is also a disciplinary offence under section 20(1)(at) of the Police Act 1998. The Committee asks the Government to provide further information on the application of these provisions in practice, including information on the number and outcomes of any cases brought. Please also provide information on the measures taken to revise this provision on sexual harassment as to protect men and women equally, and indicate whether the Government is considering taking measures to address sexual harassment also in the private sector.

5. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government to continue the ongoing process of legislative review in order to strengthen national legislation in the light of the Conventions’ requirements and to amend and repeal all provisions regulating private and public employment, which are in conflict with the Convention. The Government is reminded that when reforming its labour legislation, gender-neutral drafting should be ensured. The Government is requested to keep the Committee informed in this regard.

6. Further, the Committee requests the Government to provide information on the concrete and practical measures taken to promote the application of the Convention in practice, including through educational programmes and awareness raising on issues of employment equality or through studies, e.g. on the extent of ethnic discrimination in employment and occupation. The Government is requested to indicate whether any such activities have been undertaken or are envisaged. Please also provide statistical information on the participation of men and women at the different levels of public and private employment.

7. Article 3(e). Vocational guidance and training, and placement services. While noting the information provided by the Government regarding the National Apprenticeship and Trade Testing Board, the Committee would appreciate receiving further information on the measures taken to ensure the observance of the national equality policy in the context of vocational guidance and training, as well as placement services provided under the Government’s authority. Please also provide statistical information on the number of men and women participating in the various training programmes offered.

8. Article 5 of the Convention. Employment of women in heavy labour, night work and maternity protection. The Committee notes the Government’s intention to review sections 98 and 99 of the Employment Act regarding the employment of women in heavy labour and night work, as well as to address the disparity between the maternity protection available in the private and public sectors. Please provide information on any progress made with regard to these matters.

9. Part IV of report form. Judicial and administrative decisions. The Committee notes that no courts of law or tribunals have given any decision relating to the application of the Convention. The Government is asked to continue to provide information on any judicial or administrative decisions regarding equality of opportunity and treatment. In the absence of such cases, the Committee encourages the Government to identify the obstacles preventing such cases from being brought.