Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Article 1(1)(a) and (b) of the Convention. Legislation. Grounds of discrimination. The Committee recalls that the Equal Opportunity Act, which came into force in 2000, covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. The Committee further notes that the Equal Opportunity (Amendment) (No. 2) Bill, 2011, which provides for age and HIV status as prohibited grounds of discrimination and eliminates the condition of intent for the establishment of direct or indirect discrimination, has still not been adopted. It notes from the Government’s brief report that amendments to add age and HIV status to the prohibited grounds of discrimination under the Equal Opportunity Act are currently being reviewed by the Ministry of the Attorney-General. The Committee requests the Government to take the opportunity of any future revision of the Equal Opportunity Act to include explicitly in the list of prohibited grounds of discrimination the grounds of “political opinion” and “colour”, in accordance with Article 1(1)(a) of the Convention. The Committee also requests the Government to indicate whether origin, as provided for in the legislation, also encompasses “social origin”, as well as the reasons for the omission in the legislation of “national extraction” as one of the prohibited grounds of discrimination. The Government is requested to provide information on the status of the adoption of the Equal Opportunity (Amendment) (No. 2) Bill, 2011.

Discrimination based on sex. Sexual harassment. The Committee recalls that there is currently no specific legislation addressing sexual harassment in employment and occupation and that the Government had previously indicated that the Employment Standards Bill, which had not yet been adopted, would address this issue. The Committee further recalls the Government’s indication that sexual harassment would be addressed by the Policy Framework for Sustainable Development and that a study on sexual harassment, as well as sensitization seminars for stakeholders, would be undertaken by the Ministry of Labour (MoL) with the assistance of the ILO. The Committee notes that the Government’s report contains no information on sexual harassment. It notes, however, that, in its national review on Beijing +20 submitted in 2014 to the United Nations Economic Commission for Latin America and the Caribbean, the Government indicates that a Steering Committee for Action against Discrimination and Sexual Harassment in the Workplace was established under the auspices of the MoL, with a view to conducting a national study on sexual harassment, as well as sensitization activities and, on the basis of their findings, developing a plan of action. The Committee requests the Government to take concrete measures to prevent and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on the findings of the national study and the awareness-raising activities carried out regarding sexual harassment in the workplace and on any progress made towards the adoption of the Employment Standards Bill.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that work is continuing on the draft national policy for gender and development. The Committee asks the Government to provide full information on any measures taken to promote equality of opportunity and treatment between men and women, including on the status and content of the draft national policy for gender and development. The Committee asks the Government to continue providing statistical data on the employment of men and women, disaggregated by sector and occupation.

Vocational training. Occupational segregation between men and women. The Committee notes that, according to statistics from the website of the Government’s Central Statistical Office, 41.5 per cent of employed women work in the “community, social and personal services” sector. The Committee also notes from these statistics that women are scarcely employed in the occupational groups of plant and machine operators and assemblers (5.7 per cent women), agricultural, forestry and fishery workers (6.6 per cent), and craft and related workers (7.9 per cent). The Committee notes the information provided by the Government on vocational training programmes, such as the Women in Harmony Programme and the Non-Traditional Skills Training Programme for Women (NTSTPW). The Committee notes that the latter programme, in which 200 participants enrolled in 2011, seeks to increase access to employment opportunities for low-income women, improve the level of skilled labour within the country and increase women’s participation rates in the construction and industrial sectors. Noting the persistence of occupational segregation between men and women, the Committee requests the Government to provide information on the measures taken to increase women’s access to a wider range of vocational training opportunities, including within the NTSTPW, and on their impact on the employment of women in sectors and occupational groups in which they are not traditionally employed.

Equality of opportunity and treatment in the public service. The Committee once again requests the Government to provide information on the distribution of men and women in the different parts and levels of the public sector.

Enforcement. Equality bodies. The Committee notes that the number of complaints of discrimination in employment received by the Equal Opportunity Commission amounted to 306 in 2011, 127 in 2012 and 137 in 2013. The Government however indicates that, after investigation, it appears that the majority of the complaints lodged with the Commission may be better classified as an industrial relations matter (for example, wrongful dismissal, maladministration, etc.), or may reveal some inequality of treatment, but do not qualify as discrimination contrary to the Equal Opportunity Act. The Committee requests the Government to provide information on the full range of activities undertaken by the Equal Opportunity Commission in the field of non-discrimination in employment and occupation, indicating the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed.