Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1(a), of the Convention. Legislation. Social origin. The Committee notes that the Government’s report contains no information in reply to its previous comments on the measures taken or envisaged in law and in practice to address discrimination on the ground of social origin. Recalling that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey of 1988, paragraph 58), the Committee invites the Government to consider including in its legislation provisions prohibiting discrimination on the ground of social origin. The Committee asks the Government to provide information on any measures taken in this regard.

Article 1, paragraph 1(b). Additional grounds of discrimination. The Committee notes from the Government’s report that the Inspectorate and Enforcement section of the Department of Industrial and Employment Relations has dealt with several cases of alleged discrimination under the Equal Treatment in Employment Regulations 2004. Noting that these Regulations deal with discrimination on the grounds of disability, age and sexual orientation, the Committee asks the Government to provide more specific information on the discrimination cases, such as their number, the grounds on which discrimination was alleged, whether they have been reported to the labour inspectors or detected by them during workplace visits, and the follow-up thereto in terms of legal remedies and penalties imposed. Please also provide any other information on the measures taken to address discrimination in employment and occupation on the grounds of disability, age and sexual orientation.

Sex discrimination. The Committee notes that the Government has once again not provided a reply to the concern expressed by the Committee on the subject of the employment service of female employees accumulated prior to the time they were required to resign due to marriage. It had noted previously that this period is counted as experience in access to jobs and promotions but is not recognized for the purposes of calculating pensions, thereby placing re-employed women at a distinct disadvantage because their actual years of service are not taken into account. The Committee therefore reiterates its earlier request to the Government and urges it to indicate in its next report how many women are still in service whose pensionable remuneration will be negatively affected by the fact that they were forced to resign due to marriage prior to 1980.

Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment. Referring to its previous comments, the Committee asks the Government to provide information on any measures taken or envisaged to prevent and address sexual harassment at the workplace, such as awareness-raising campaigns, including in cooperation with employers’ and workers’ organizations.

Article 2. National policy with respect to grounds other than sex. The Committee notes that the Equal Treatment of Persons Order adopted in 2007 prohibits discrimination on the grounds of racial or ethnic origin in relation to the grant by a bank or a financial institution or insurance company of any facility in respect of the establishment, equipment or in the launching or extension of any business or form of self employment (section 5(1)). The Committee asks the Government to provide information on the practical application of these provisions and, if possible, on their impact in terms of development of self employment and businesses.

The Government’s report does not contain any other information in reply to the Committee’s previous comments on the national policy addressing discrimination on grounds other than sex. The Committee would like to remind the Government that while the prohibition of discrimination in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of concrete and proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation in respect of all seven grounds listed in the Convention. The Committee again asks the Government to provide full particulars on the concrete measures taken to ensure and promote in practice equality of opportunity and treatment in employment and occupation and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, national extraction, political opinion and social origin, in accordance with the Convention.

Promoting equality of opportunities and treatment between men and women. The Committee notes that the Government points out in its report that the employment rate of women has increased from 33.4 per cent to 36.1 per cent in 2007. With regard to the activities carried out by the National Commission for the Promotion of Equality (NCPE), the Committee notes in particular that within the framework of the programme “The Gender Aspect from a Legal Perspective” (ESF/No.46), which aimed at increasing the participation and advancement of women in the labour market, a review of the Maltese laws and regulations was carried out and recommendations were issued. The Committee asks the Government to provide information on the measures taken to follow-up on these recommendations as regards employment and occupation, including any proposed amendments to existing legal provisions, and proposals for the introduction of new legal provisions to address gender issues. The Committee also asks the Government to provide detailed information on the situation of women in employment in the private sector, including statistical data on their representation in managerial positions. With reference to its previous comments, the Committee asks the Government to provide information on the measures taken to encourage the sharing of family responsibilities and measures taken by enterprises to set up childcare services.

Access to vocational training and education. The Committee notes that the Equal Treatment of Persons Order adopted in 2007 prohibits discrimination on the grounds of racial or ethnic origin in relation to education (section 4(1)(c)). It further notes the information provided by the Government on training programmes offered by the Employment and Training Corporation (ETC) but notes that, according to the Government’s report, no data are kept with regard to the number of men and women that have benefited from such training programmes. The Committee also notes that the ETC supports and targets disadvantaged groups to enhance their capabilities to enter the labour market, and that registered disabled persons and other vulnerable groups can benefit from this scheme. The Committee asks the Government to provide information on the manner in which access of girls and women to vocational training and education is promoted in order to increase their employment opportunities, in particular in jobs with career prospects and in positions with responsibility. It also encourages the Government to take the necessary measures to facilitate the collection and analysis by the ETC of data disaggregated by sex to enable an assessment of the impact of training programmes on the employment of women. It also asks the Government to continue to provide information on measures taken to improve the access of persons with disabilities to vocational training.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government refers generally to the Employment Relations Board, a tripartite body constituted to make recommendations regarding the national minimum standard conditions of employment or sectoral regulations orders. The Committee asks the Government to provide precise information on how the elimination of discrimination and the promotion of equality in employment and occupation is addressed by the Employment Relations Board and on any other measures taken by the Government to seek the cooperation of workers’ and employers’ organizations, in accordance with Article 3(a) of the Convention.

Enforcement. The Committee notes that the Industrial Tribunal received eight new cases of alleged discrimination during 2007 to be added to the 13 already pending and that by the end of 2007, four cases had been decided. The Committee asks the Government to continue to provide information on the cases concerning discrimination dealt with by the Industrial Tribunal, including on their number, the grounds of discrimination, penalties imposed and remedies provided. Please also provide copies of judgements of the Industrial Tribunal and specific information on discrimination cases dealt with by the Employment Commission and the NCPE, including their outcome and the remedies provided.