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

Article 1 of the Convention. Legislation. The Committee recalls its previous comments regarding the absence of sex as a prohibited ground of discrimination in article 24 of the Constitution, and the Government’s obligation to take active measures to promote equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention. It notes, once more, the Government’s statement to the effect that all necessary steps are being taken to ensure the rapid adoption of the Constitutional Amendment Bill which will provide for the prohibition of discrimination on the basis of sex. The Committee also notes the Government’s indication that the Bureau of Women’s Affairs (BWA) is continuing to advocate for amendments to existing legislation that is gender-biased or outdated, in order to bring it into line with contemporary thinking and international requirements. The Committee would like to draw the Government’s attention to the developments regarding the prohibition of discrimination and the application of the Convention, set out in its General Report of 2009 (paragraphs 105–120). In particular, the Committee noted that “though a number of countries already have general constitutional provisions regarding equality, these provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation … Given persisting patterns of discrimination, the Committee considers that in most cases comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention” (paragraph 109). The Committee also notes that the approach set out in the Committee’s general report is reflected in the CARICOM model labour harmonization legislation on equality of opportunity and treatment. The Committee requests the Government to examine the possibility of adopting provisions explicitly defining and prohibiting direct and indirect discrimination, on all the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation, and covering all workers, and to provide information on steps taken in this regard. The Committee further requests the Government to provide information on the status of the Constitutional Amendment Bill, as well as on any measures being taken to amend gender-biased or outdated legislation.

Sexual harassment. The Committee notes the Government’s statement that the draft policy on sexual harassment was to be submitted for Cabinet approval in May 2009 and that it was expected to lead to the enactment of legislation. The Committee also notes with interest the initiatives taken and events organized by the BWA, including the training and sensitization workshops in the context of a project under the United Nations Trust Fund in 2008 and 2009, with 1,081 people being trained, of which 56 per cent were women and 44 per cent were men. The Committee asks the Government to provide information on the progress made in adopting the policy on sexual harassment, and to provide a copy once it has been adopted. It also reiterates its request for indications on the legal status of the policy and enforcement mechanisms. Please also provide copies of the documents relevant to the training and sensitization sessions, including the awareness-raising brochure on sexual harassment in the workplace, as well as an overview of the findings and conclusions of the project on sexual harassment under the United Nations Trust Fund.

Article 1, paragraph 1(b). HIV/AIDS. The Committee previously noted the launching of the HIV/AIDS project in 2007 by the Ministry of Labour and Social Security, and the preparation of the Occupational Safety and Health Bill, which the Government had indicated would address protection against discrimination of persons with HIV/AIDS. The Committee also understands that the International HIV/AIDS Workplace Education Programme, being executed by the ILO, has resulted, among other things, in an increase in the percentage of workplaces with HIV/AIDS policies or guidelines including provisions on non‑discrimination. The Committee requests further information on the implementation of the national workplace policy on HIV/AIDS, and the impact thereof, including with respect to the 2007 project, and the International HIV/AIDS Workplace Education Programme in so far as they relate to preventing and addressing discrimination in employment and occupation on the basis of real or perceived HIV status. It also requests the Government to provide information on the status of the proposed HIV and AIDS Regulations which are to be promulgated with the occupational safety and health legislation.

Persons with disabilities. The Committee notes from the Government’s report that the National Policy for Persons with Disabilities (2002) provides the framework for equal treatment of persons with disabilities. In pursuance of this policy, training is provided for the disabled at the Abilities Foundation. The Government also refers to the Steps-to-Work Programme, under which a number of places are reserved for persons with disabilities, thereby increasing the opportunities for training and employment of these persons. The Committee requests the Government to continue to provide information on the practical application of the National Policy for Persons with Disabilities with respect to promoting equality of opportunity and treatment in employment and occupation.

Article 2. Promoting equality of opportunity and treatment between men and women. The Committee recalls its concerns relating to the low participation of women in the labour force, their high unemployment rate compared to men’s and the horizontal and vertical gender segregation of the labour market. It notes the information provided in the Government’s report on data compiled by the Statistical Institute of Jamaica and findings of research, which show that, even if there are signs of improvement, women are still facing discrimination in the labour market, particularly in access to decision-making positions, although they perform better than men in education. It also notes the indication that there have been various measures taken for public education and awareness raising on key gender issues, including in the education system. The Committee welcomes the development of a National Gender Policy which the Government indicates is being finalized for Cabinet approval, and the establishment of a gender equality framework for all government policies, programmes and plans in order to implement gender mainstreaming as an overarching strategy. The Committee encourages the Government to continue to collect and analyse data, and to forward this information, in order to allow the Committee to assess the progress made over time in achieving a balanced representation of men and women in different job categories and in management and decision-making positions in the public and private sectors. The Committee asks the Government to provide information on the progress in the adoption and implementation of the National Gender Policy, and on its impact in the public and private sectors. The Committee requests additional information on the measures adopted within the gender equality framework, and the impact of such measures. Please also provide a copy of the National Gender Policy and the gender equality framework. The Committee would also welcome information on steps being taken toward the adoption and implementation of a national policy to promote equality in employment and occupation related to the other grounds set out in the Convention, namely, race, colour, religion, political opinion, national extraction and social origin.

Article 3(e). Vocational training. The Committee notes the information provided by the Government on the non-traditional skills training programmes delivered by the Human Employment and Resources Training/National Training Agency (HEART/NTA). The Committee asks the Government to provide detailed information on the number of women trained and the ratio of participants that were able to secure employment after having benefited from such training. It also reiterates its request to the Government for information on the following:

(i)    the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes, including on the number of women involved, disaggregated by ethnicity where possible, and details of the training activities; and

(ii) any other efforts to eliminate discrimination in training based on sex and disability, as well as on the other grounds covered by the Convention.

Part V of the report form. Statistics. The Committee recalls its previous comments relating to the importance of collecting data 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. It notes the Government’s statement to the effect that there have been substantial achievements regarding gender equality in relation to the Millennium Development Goals, particularly in education and in the participation of women in the labour market. In order to assess progress in the application of the Convention, the Committee reiterates its request to the Government to provide statistics on employment and vocational training along with its next report, disaggregated at least by sex, race and religion.