Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Repetition

Article 1(1) of the Convention. Protection against discrimination. The Committee previously noted that it remained unclear whether section 6(3) of the Employment Act covers indirect discrimination. The Committee recalls that indirect discrimination refers to situations in which the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion. Recalling the Government’s acknowledgement that discrimination based on race, religion, disability and political affiliation occurs in the public and private sectors, the Committee notes the Government’s indication that a mapping has been undertaken of minority groups with a view to developing tailored programmes to eliminate discrimination. The Committee again asks the Government to indicate how protection against indirect discrimination is ensured in practice, and to provide information on the practical application of section 6(3) of the Employment Act, and sections 12 to 16 of the Persons with Disabilities Act, 2006, including the number and nature of complaints or cases, and the results thereof. The Committee also asks the Government to provide information on the results of the mapping of minority groups and any programmes developed as a result, as well as on any further measures taken to assess the nature and extent of discrimination in practice, and to address the discriminatory practices identified.

Article 1(3). Access to particular occupations. The Committee recalls the difficulties regarding access to traditional occupations faced by some hunter-gatherer and pastoralist communities as a consequence of loss of access to traditional lands. It recalls further the concerns raised regarding inequality in women’s access to land as a result of discriminatory traditions and customs, which can affect women’s capacity to engage in economic activities. The Government indicates that a consultative process is on-going with all stakeholders on the draft National Land Policy, and that the Equal Opportunities Commission (EOC) is advocating for women’s, and hunter-gatherer and pastoralist communities’ access to land in the context of the consultative process. The Committee asks the Government to take the opportunity of the land policy reform process to address the issue of access to necessary resources, including land, required to carry out an occupation, in particular for women, and hunter-gatherer and pastoralist communities, and to provide information on progress made in this respect. Please also provide information on the measures taken by the Equal Opportunities Commission to promote access to particular occupations, including traditional occupations.

Articles 2 and 3. Promotion of equality and non-discrimination. Recalling its previous comments regarding policies to promote equality of opportunity in employment, the Committee notes the Government’s indication that the principle of the Convention is reflected in the “vision, mission, goal, and principles” of the National Employment Policy. The Government also states that it will continue to promote equality of opportunity through gender-responsive planning, monitoring and evaluation, as well as through gender-oriented research and awareness-raising activities. The Committee also notes the reference to draft guidelines that have been developed to raise awareness of the principle of non-discrimination in recruitment and selection among public employment services. The Committee asks the Government to continue to provide information on the specific measures taken, including under the Employment Policy, as well as the National Gender Policy, to eliminate discrimination and promote equality of opportunities in employment and occupation, and on the impact of such measures. Please indicate any specific measures taken to ensure that women have access to a wider range of educational, training, and employment opportunities, including in areas traditionally dominated by men. Further to its previous comments, the Committee asks the Government to provide information on the specific measures taken by the Labour Advisory Board to prevent and address direct and indirect discrimination in all aspects of employment and on all the grounds enumerated in the Convention. Please also provide a copy of the 2012 National Employment Policy, as well as of the guidelines for the public employment services.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes the Government’s indication that specific training is needed for labour inspectors and other officials involved in monitoring and enforcement on the principle of equality of opportunity and treatment in employment and occupation. The Government states further that labour inspectors need guidance in particular on how to deal with sexual harassment cases, including issues of confidentiality. The Committee asks the Government to provide information on the steps taken to provide training for labour inspectors and other officials involved in monitoring and enforcement, on the principle of the Convention, including sexual harassment, and encourages the Government to request ILO technical assistance in this regard. Please continue to provide information on the nature and number of cases regarding discrimination, including sexual harassment, recorded by the Directorate of Gender, as well as any cases or complaints addressed by the courts or the labour inspectors, and the results thereof. Noting that the Employment (Sexual Harassment) Regulations, 2012, make specific reference in the definition of “intimidation” to “colleagues”, the Committee asks the Government to clarify whether a complaint can now be made under the Regulations for sexual harassment by co-workers, and the procedure that would be followed.

Part V. Statistics. Noting the Government’s indication that statistical information will be provided, the Committee recalls the importance of such data in determining the nature, extent and causes of discrimination, as well as in designing appropriate responses, and monitoring and evaluating the impact of such measures (General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee asks the Government to provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the public and private sectors, disaggregated, as far as possible, by colour and national extraction. Please also provide specific information on the number of men and women respectively benefiting from vocational training through the Business Technical and Vocational Education and Training Programme (BTVET), and how such training has translated into employment opportunities.