Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Grenada (Ratification: 2003)

Other comments on C111

Direct Request

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Scope of application. The Committee notes the Government’s indication that the categories of workers excluded from the scope of application of section 26(4) of the Employment Act (members of the police force, armed forces, prison guards or officers) are covered by the Police Act (No. 38 of 1966) and the Prisons Act (No. 11 of 1980). It notes, however, that according to the Government, these Acts do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee recalls the Government’s obligation to protect all categories of workers against discrimination in employment and occupation. The Committee therefore asks the Government to provide information on measures taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. The Committee asks the Government to provide copies of the Police Act (No. 38 of 1966) and the Prisons Act (No. 11 of 1980), as well as of any regulations concerning terms and conditions of employment of the abovementioned categories of workers.

Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that, while no specific prohibition of sexual harassment is included in the legislation, sexual harassment offences are covered by the Criminal Code (Act No. 76 of 1958). It also notes the Government’s indication that a draft Sexual Harassment Act has been submitted to the Ministry of Legal Affairs. The Committee notes that in its concluding observations of 21 February 2012, the UN Committee on the Elimination of Discrimination against Women (CEDAW), expressed concerns regarding the high prevalence of sexual harassment in the workplace and in society at large, and the absence of legislation in this regard. The CEDAW also expressed concern with regard to the lack of awareness and training on violence against women amongst law enforcement officials and health professionals (CEDAW/C/GRD/CO/1-5, 21 February 2012, paragraph 23). Noting that the draft Sexual Harassment Act is still being prepared, and drawing the Government’s attention once again to its 2002 general observation, the Committee asks the Government to ensure that the new Act will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. Please provide information on the progress made in this regard. Pending the adoption of specific legislation, the Committee also asks the Government to indicate any measures taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness of employers, workers and their organizations about the issue. The Committee also reiterates its request for a copy of the report of the Grenada National Organization for Women to which the Government referred in its 2009 report, and any updated reports.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that, although no cases of discrimination in employment have been reported, the Ministry of Labour regularly collaborates with relevant stakeholders in order to promote the principle of the Convention. The Committee recalls that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, and could indicate a lack of awareness or understanding of the principle of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also requests the Government to indicate the specific measures taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation including among labour inspectors, judges, and workers’ and employers’ organizations, and also among the public at large.

Article 3(e). Vocational training and employment services. The Committee notes the Government’s indication that technical and vocational training programmes are designed, implemented and monitored by the National Training Agency (NTA). The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the training programmes established by the National Training Agency, as well as on the number of persons securing employment after completing technical and vocational training. Please also provide information on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. The Committee notes the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, which refers to provisions, programmes or activities that have, as their objectives, the amelioration of conditions of disadvantaged individuals, including those disadvantaged on the grounds enumerated in the Convention. The Committee asks the Government to provide information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally suffered discrimination.