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Repetition Legislative developments. The Committee notes the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS. Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.
Legislative developments. The Committee notes the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).
Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place in 2011. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities foreseen for 2011. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS.
Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.
Legislation. The Committee notes that the provision on the protection of non-discrimination contained in section 15 of the Constitution covers discrimination based on race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex and creed. Section 15(1) provides that, subject to certain exceptions, no law shall make any provision that is discriminatory either by itself or in its effect. Section 15(2) prohibits discriminatory treatment “by any person acting by virtue of any written law or in performance of the functions of any public office or any public authority”. The Committee further notes that section 11(d) of the Protection of Employment Act prohibits the termination of a contract of employment on the grounds of race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex or creed, marital status or family responsibilities.
The Committee notes that section 15 of the Constitution does not cover all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention and that it does not appear to provide protection from discrimination that occurs with regard to private employment, while the Protection of Employment Act only addresses discrimination in respect of termination rather than all aspects of employment and occupation. The Committee therefore welcomes the Government’s intention to discuss the CARICOM Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the National Tripartite Committee, with a view to its submission and adoption by the National Assembly. Trusting the Government will take all measures necessary to adopt comprehensive legislation giving effect to the Convention, the Committee requests the Government to provide information on the measures taken and the progress made in this regard.
Other measures to apply the Convention. The Committee recalls that, while equal treatment legislation is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation in accordance with the Convention, such a policy should also include practical and promotional measures to ensure that the principle of equal opportunity and treatment in employment and occupation is observed in practice. The Committee therefore requests the Government to provide information on any practical measures taken or envisaged to promote equality, such as awareness raising or training on equality at work, publications, studies or surveys on discrimination, etc. The Committee also asks the Government to provide statistical data regarding employment and occupation, including vocational training, disaggregated by sex, race, ethnicity and religion, as soon as possible.
With regard to gender equality, the Committee notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Ministry of Gender Affairs promotes gender workplace policies. The Committee asks the Government to provide further information on the specific activities of the Ministry of Gender Affairs to promote equality of men and women in employment and occupation, as well as examples of workplace policies. It also requests the Government to provide an overview of the situation of women in both private and public employment and any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to training and education.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.
2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.
3. Parts II–V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
3. Parts II to V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.
The Committee takes note of the first report of the Government of Saint Kitts and Nevis.