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

Article 1, paragraph 1(a), of the Convention. Legislative developments. The Committee notes that, in reply to its previous comments, the Government confirms that “place of origin” referred to in article 13(3) of the Constitution of 1979 as a prohibited ground of discrimination may be understood as corresponding to “national extraction” mentioned in Article 1(1)(a) of the Convention. It also notes that the draft Constitution which was adopted by the National Assembly on 3 September 2009 but which has not yet entered into force, repeats the content of article 13(3) of the previous Constitution and that, consequently, not only does it still contain the phrase “place of origin” but “social origin” is still not included among the prohibited grounds of discrimination.

In its previous comments, the Committee emphasized that there were no legal provisions specifically prohibiting discrimination in employment and occupation and drew the Government’s attention to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. Noting the Government’s intention to adopt a law that is similar to the CARICOM Model Law in the near future and recalling that the national legislation in the broad sense should cover, as a minimum, discrimination on all the grounds listed in Article 1(1)(a) of the Convention, the Committee hopes that the Government will take the necessary measures to ensure effective protection for workers against discrimination in accordance with the Convention, and that it will soon be able to report significant progress in this regard. It also requests the Government to provide a copy of any official document or court decision interpreting the expression “place of origin” mentioned in the Constitution.

Equality of opportunity and treatment between men and women. The Committee notes with interest that article 21(2) of the new Constitution expressly provides that women shall have access to education and vocational training on an equal footing with men and shall benefit from equality of opportunity in respect of employment, remuneration and promotion. The Committee requests the Government to provide information on any measures taken or envisaged to implement in practice the principle of equality in respect of employment, remuneration and promotion as enshrined in the new Constitution.

Sexual harassment. The Committee notes that there are no legislative, regulatory or other provisions designed to prohibit and eliminate sexual harassment in the workplace. As the Committee emphasized in its 2002 general observation on this form of sex discrimination, sexual harassment undermines equality at work by calling into question the integrity, dignity and well-being of workers, and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Taking into account the gravity of this practice and its repercussions, the Committee requests the Government to consider taking measures so that provisions are introduced into the national legislation which define sexual harassment in the workplace, covering both quid pro quo and hostile working environment harassment, and prohibit and address this type of discrimination. The Government is requested to provide information on any progress made with regard to the definition, prevention and elimination of sexual harassment at work, and to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in that regard.

Application of the principle of non-discrimination to non-nationals. The Committee notes that, according to the Government, non-nationals with a work permit enjoy the same rights as nationals with regard to non-discrimination in employment and occupation and that there have been no cases of discrimination of these persons to date. It notes with regret, however, that article 37(4)(b) of the new Constitution includes the provisions of article 13(4)(b) of the former Constitution, under which the general prohibition of discrimination is not applicable to non-citizens. The Committee therefore requests the Government once again to take the necessary measures to ensure the protection of all workers, regardless of their nationality, against discrimination in employment and occupation in both law and practice, with respect to all the grounds set out in the Convention.

Articles 2 and 3(a). National policy and cooperation with the social partners. In reply to the Committee’s previous comments concerning the lack of a national policy on equality, the Government once again indicates that no progress has been made in this regard, but points out that consultations are envisaged between the Department of Labour and the employers’ and workers’ representatives on this matter in the coming months. The Committee would like to emphasize that it is not sufficient to prohibit all kinds of discrimination and that specific action must also be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (see General Survey of 1996 on equality in employment and occupation, paragraph 279). Moreover, as the Committee indicated in its 1988 General Survey on this Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied, presupposing state implementation of appropriate measures according to the principles outlined in Articles 2 and 3 of the Convention and Paragraph 2 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee urges the Government to take appropriate measures to declare and pursue a national policy designed to promote equality of opportunity and treatment in order to eliminate any form of discrimination in employment and occupation, in both the private and public sectors. The Government is requested to provide information on the progress made in this regard, including, in particular, regarding cooperation with the social partners in promoting the acceptance and observance of this policy.

Article 3d). Protection against discrimination in the public sector. The Committee notes that the regulations governing the recruitment and conditions of employment of public servants do not contain provisions prohibiting discrimination and that the Government indicates that the appointment and promotion of public servants are based on professional performance and length of service. The Committee requests the Government to take measures to ensure the protection of public servants against any discrimination not only on the basis of sex, but also on all the other grounds listed in the Convention. The Government is also requested to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants not only in the process of their recruitment, but also throughout their career.

The Committee notes the statistics, disaggregated by sex, concerning the training and promotion of certain public servants, provided by the Government. It notes, however, that the statistics provided do not allow an evaluation of the situation of women in the public service, particularly with regard to their recruitment and promotion to high-level posts or to posts with career prospects. Furthermore, with regard to participation in professional training within colleges for nurses, teachers and police officers in recent years, it notes a persistent gender segregation according to profession, with women being far more numerous in colleges training nurses and teachers. The Committee requests the Government to provide information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations within the public sector.

Access of women to education and vocational training. Referring to its previous comments, the Committee notes that the Government indicates that the national policy on equality in vocational training has still not been adopted. Furthermore, the Committee understands that a draft law on education is currently being examined and would like to draw the Government’s attention to the fact that “social origin” is not included among the prohibited grounds of discrimination listed in section 27(3) of this draft. The Committee hopes that the Government will be able to report progress in the near future with regard to the adoption and implementation of a policy and programmes aimed at improving the access of women to vocational training and education. It asks the Government to indicate whether the draft law on education has been adopted and, if so, to provide a copy.

Part III of the report form. Labour inspection. The Committee notes that, according to the Government, the labour inspectorate’s activities are relatively limited, but that it is envisaged to improve the operation of this institution. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the labour inspectorate’s reports on its activities relating to equality.

Statistics. The Committee once again requests the Government to provide in its next report the statistics available, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility.