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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Vincent and the Grenadines (Ratification: 2001)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the comments the Committee made on the application of the Equal Remuneration Convention, 1951 (No. 100). In view of this, the Committee is bound to repeat its previous comment and asks the Government to reply to its requests in its next report.
Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of a National Action Plan on Gender-Based Violence in 2015, as well as the Government’s indication that it was aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee welcomes the Government’s statement in its report that a draft Employment Relations (Prevention of Sexual Harassment) Act was developed in 2020, in consultation with several stakeholders, and has been sent to the competent authority for legislative approval and enactment. It notes the adoption of the Domestic Violence Act, 2015, a copy of which has been forwarded by the Government, but observes that the Act only refers to cases of violence in the private sphere and does not address sexual harassment in the workplace. As regards the National Action Plan on Gender-Based Violence, the Committee notes, from the 2018 Status Update, forwarded by the Government, that several awareness-raising activities were carried out in order to achieve the specific outcome aimed at the elimination of attitudes and social and cultural norms which generate gender-based violence, but that further activities were planned in the near future to fully implement the Plan. The Committee notes that, in its 2019 concluding observations, the United Nations (UN) Human Rights Committee expressed concerns about reports of the high prevalence of sexual violence and abuse which disproportionately affects women and is often underreported because of a lack of trust between victims and law enforcement authorities (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 18). Recalling the gravity and serious repercussions of sexual harassment which is a serious manifestation of sex discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794), the Committee hopes that the draft Employment Relations (Prevention of Sexual Harassment) Act will be adopted in the near future, and that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). It asks the Government to provide information on any progress made in that regard. The Committee further asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment, as well as on the number of any complaints or cases of sexual harassment dealt with by the competent authorities and institutions, the penalties imposed, and compensation awarded.
Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments where it asked the Government to provide information on the measures taken to combat gender stereotypes relating to the roles and skills of men and women, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It notes that the Education Sector Development Plan (ESDP) 2014–19 identifies as one of its major objectives: equality of access and equality of education, regardless of gender, socio-economic situation and geographical location. It further notes that, according to the ESDP, the enrolment and performance of women in secondary and tertiary education is higher than for men. However, the Committee notes that, according to World Bank data, in 2020, the labour force participation of women remained significantly low at 54.4 per cent, as compared to 76.6 per cent of men. The Committee notes this information with concern. It further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, paragraph 14). The Committee asks the Government to provide information on any measures taken to address gender stereotypes and improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s access to employment, including to decision-making positions, both in the public and private sectors. In light of the lack of correlation between the high level of education attained by women and their low level of engagement in the workforce, it also asks the Government to provide information on any study or assessment made to identify the underlying causes, and to remedy this situation. Noting the Government’s statement that it is still unable to provide appropriate data and statistics but is committed to doing so in the near future, the Committee asks the Government to provide any statistical information available on the number of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Equality of opportunity and treatment irrespective of HIV status. The Committee previously noted the adoption of the National Tripartite Workplace Policy on HIV and AIDS, as well as: (1) the responsibility of the Ministry of Labour for the implementation, monitoring and assessment of the policy; and (2) the specific responsibilities assigned to both workers and employers in that regard. The Committee recalls that the policy provides that all employers must adopt comprehensive HIV and AIDS workplace programmes to prevent and prohibit HIV-related stigma and discrimination at work. It notes with regret the Government’s statement that no further steps have been taken to implement the policy. The Committee asks the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS was not implemented, in particular on any obstacles identified, and the measures envisaged to overcome them, in collaboration with employers’ and workers’ organizations. It asks the Government to provide information on any other measures taken or envisaged in the meantime to: (i) raise awareness, in collaboration with employers, workers, and their respective organizations; and (ii) enhance the development and implementation of policies, at national or enterprise level, in order to prevent and address discrimination based on real or perceived HIV status in employment and occupation.
Public sector. The Committee previously noted that the Service Commissions Department was responsible for the recruitment, selection, appointment and promotion of civil servants, but observed that the regulations governing the recruitment and conditions of employment of public servants still did not contain provisions prohibiting discrimination. The Committee notes the Government’s statement that the regulations are yet to be amended to include provisions prohibiting all forms of discrimination and that no further action has been taken by the competent authority in this regard. The Government adds that the recruitment practice in the public sector promotes equal access to employment for both sexes, without specifically requesting men or women applicants which constitutes one of the main measures to combat gender stereotypes. Observing that the Government did not provide information concerning the policies and guidelines followed by the Service Commissions Department when it selects, appoints and promotes civil servants, the Committee notes with regret the absence of steps taken by the Government to ensure, both in law and in practice, the protection of public servants against any form of discrimination, not only on the ground of sex but also on the other grounds listed in Article 1(1)(a) of the Convention. In light of the persistent lack of legislation or a national equality policy fully implementing the provisions of the Convention, the Committee again asks the Government to provide information on the policies and guidelines followed by the Service Commissions Department in the selection, appointment and promotion of civil servants. It further asks the Government to provide information on any other measures taken, both in law and in practice, to ensure the protection of public servants against discrimination: (i) in all aspects of employment and occupation (access to employment and vocational training, and terms and conditions of employment throughout their careers); and (ii) on all the grounds listed in the Convention (namely sex, race, colour, religion, political opinion, national extraction or social origin).
Enforcement. Referring to its previous comments where it emphasized the important role of labour inspectors in combating discrimination in the workplace, the Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), the persistent shortage of labour officers (of whom five are currently labour inspectors), which is also affected by a high turnover rate during the last five years. It notes that 41 inspection visits were conducted in 2019 but that no information is provided by the Government on the nature of the violations detected or the sanctions imposed. Noting the repeated lack of information provided by the Government on the implementation of the Convention in practice, the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). In light of the persistent lack of legislation and national equality policy fully implementing the provisions of the Convention, the Committee asks the Government to: (i) take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention; (ii) provide information on any activities undertaken in this regard, in particular in order to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment; and (iii) provide information on the number and outcome of any cases of discrimination in employment and occupation detected by or reported to labour inspectors, the courts or any other competent authorities.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the Committee’s comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee is therefore bound to repeat its previous comment.
Article 1 of the Convention. Protection of workers against discrimination. Legislation. The Committee recalls that Article 13 of the Constitution Order of 1979 contains a general prohibition against discrimination on the grounds of sex, race, place of origin, political opinions, colour or creed. For a number of years, the Committee has been drawing the Government’s attention to the fact that Article 13 of the Constitution: (1) does not refer to the grounds of national extraction and social origin listed in Article 1(1)(a) of the Convention; and (2) excludes non-citizens from its scope of application, while the Convention covers both nationals and non-nationals. The Committee has further highlighted the lack of any specific legislation prohibiting discrimination in employment and occupation and has recalled that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and that a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). Referring to its previous comments, in which it noted the Government’s intention to adopt a law similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee notes with regret the Government’s statement in its report that no further action has been taken in this regard. With regard to section 27 of the Education Act (Cap 202) of 2006 which prohibits discrimination in admission to an educational institution or schools on a certain number of grounds, the Committee notes the Government’s indication that social status is similar to social origin, but that there has been no judicial decision with respect to the meaning of social status.
The Government adds that draft amendments to the Protection of Employment Act of 2003 have been made to prohibit termination of employment on the grounds of race, colour, gender, marital status, social status, sexual orientation, pregnancy, religion, political opinion or affiliation, nationality, or social or indigenous origin of the employee. Noting that such amendments are awaiting the approval of the competent authority, the Committee wishes to recall that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation. Under Article 1(3) of the Convention “employment” and “occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 749). The Committee notes that, in their concluding observations, several United Nations treaty bodies have recently expressed concerns about: (1) the fact that article 13 of the Constitution is not applicable to non-citizens; and (2) the lack of provisions specifically prohibiting discrimination in employment and occupation (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 8; and CMW/C/VCT/CO/1, 17 May 2018, paragraph 26).
In light of the persistent lack of progress in the drafting of legislation that fully reflects the provisions of the Convention, the Committee urges the Government to take the necessary steps without delay to ensure the adoption of an effective legislative framework that explicitly prohibits direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) concerning all stages of the employment process and covering all workers, both nationals and non-nationals. It asks the Government to provide information on any progress made in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Articles 2 and 3(a). National equality policy. Referring to its previous comments concerning the lack of a national policy promoting equality of opportunity and treatment in employment and occupation, the Committee notes the Government’s repeated statement that the competent authority has not developed a national equality policy yet. The Government however states that appropriate steps are being taken to formulate such a policy in the near future. In that regard, the Committee draws the Government’s attention to the fact that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in respect thereof (General Survey, 2012, paragraph 841). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to take the necessary measures to develop and implement a national policy promoting equality of opportunity and treatment in employment and occupation, in order to effectively contribute to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers. It asks the Government to provide information on any progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of a National Action Plan on Gender-Based Violence in 2015, as well as the Government’s indication that it was aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee welcomes the Government’s statement, in its report, that a draft Employment Relations (Prevention of Sexual Harassment) Act was developed in 2020, in consultation with several stakeholders, and has been sent to the competent authority for legislative approval and enactment. It notes the adoption of the Domestic Violence Act, 2015, copy of which has been forwarded by the Government, but observes that the Act only refers to cases of violence in the private sphere and does not address sexual harassment in the workplace. As regards the National Action Plan on Gender-Based Violence, the Committee notes, from the 2018 Status Update, forwarded by the Government, that several awareness-raising activities were carried out in order to achieve the specific outcome aimed at the elimination of attitudes and social and cultural norms which generate gender-based violence, but that further activities were planned in a near future to fully implement the Plan. The Committee notes that, in its 2019 concluding observations, the United Nations (UN) Human Rights Committee expressed concerns about reports of the high prevalence of sexual violence and abuse which disproportionately affects women and is often underreported because of a lack of trust between victims and law enforcement authorities (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 18). Recalling the gravity and serious repercussions of sexual harassment which is a serious manifestation of sex discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794), the Committee hopes that the draft Employment Relations (Prevention of Sexual Harassment) Act will be adopted in the near future, and that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). It asks the Government to provide information on any progress made in that regard. The Committee further asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment, as well as on the number of any complaints or cases of sexual harassment dealt with by the competent authorities and institutions, the penalties imposed and compensation awarded.
Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments where it requested the Government to provide information on the measures taken to combat gender stereotypes relating to the roles and skills of men and women, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It notes that the Education Sector Development Plan (ESDP) 2014–19 identifies as one of its major objectives: equality of access and equality of education, regardless of gender, socio-economic situation and geographical location. It further notes that, according to the ESDP, the enrolment and performance of women in secondary and tertiary education is higher than for men. However, the Committee notes that, according to World Bank data, in 2020, the labour force participation of women remained significantly low at 54.4 per cent, compared to 76.6 per cent of men. The Committee notes this information with concern. It further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, paragraph 14). The Committee asks the Government to provide information on any measures taken to address gender stereotypes and improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s access to employment, including to decision-making positions, both in the public and private sectors. In light of the lack of correlation between the high level of education attained by women and their low level of engagement in the workforce, it also asks the Government to provide information on any study or assessment made to identify the underlying causes and remedy this situation. Noting the Government’s statement that it is still unable to provide appropriate data and statistics but is committed to do so in the near future, the Committee asks the Government to provide any statistical information available on the number of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Equality of opportunity and treatment irrespective of HIV status. The Committee previously noted the adoption of the National Tripartite Workplace Policy on HIV and AIDS, as well as: (1) the responsibility of the Ministry of Labour for the implementation, monitoring and assessment of the policy; and (2) the specific responsibilities assigned to both workers and employers in that regard. The Committee recalls that the policy provides that all employers must adopt comprehensive HIV and AIDS workplace programmes to prevent and prohibit HIV-related stigma and discrimination at work. It notes with regret the Government’s statement that no further steps were taken to implement the policy. The Committee asks the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS was not implemented, in particular on any obstacles identified, and the measures envisaged to overcome them, in collaboration with employers’ and workers’ organizations. It asks the Government to provide information on any other measures taken or envisaged in the meantime to: (i) raise awareness, in collaboration with employers, workers, and their respective organizations; and (ii) enhance the development and implementation of policies, at national or enterprise level, in order to prevent and address discrimination based on real or perceived HIV status in employment and occupation.
Public sector. The Committee previously noted that the Service Commissions Department was responsible for the recruitment, selection, appointment and promotion of civil servants, but observed that the regulations governing the recruitment and conditions of employment of public servants still did not contain provisions prohibiting discrimination. The Committee notes the Government’s statement that the regulations are yet to be amended to include provisions prohibiting all forms of discrimination and that no further action has been taken by the competent authority in this regard. The Government adds that the recruitment practice in the public sector promotes equal access to employment for both sexes, without specifically requesting men or women applicants, which constitute one of the main measures to combat gender stereotypes. Observing that the Government did not provide information concerning the policies and guidelines followed by the Service Commissions Department when it selects, appoints and promotes civil servants, the Committee notes with regret the absence of steps taken by the Government to ensure, both in law and in practice, the protection of public servants against any form of discrimination, not only on the ground of sex but also on the other grounds listed in Article 1(1)(a) of the Convention. In light of the persistent lack of legislation or a national equality policy fully implementing the provisions of the Convention, the Committee again asks the Government to provide information on the policies and guidelines followed by the Service Commissions Department in the selection, appointment and promotion of civil servants. It further asks the Government to provide information on any other measures taken, both in law and in practice, to ensure the protection of public servants against discrimination: (i) in all aspects of employment and occupation (access to employment and vocational training, and terms and conditions of employment throughout their careers); and (ii) on all the grounds listed in the Convention (namely sex, race, colour, religion, political opinion, national extraction or social origin).
General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.
Enforcement. Referring to its previous comments where it emphasized the important role of labour inspectors in combating discrimination in the workplace, the Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), the persistent shortage of labour officers (of whom five are currently labour inspectors), which were also affected by a high turnover rate during the last five years. It notes that 41 inspection visits were conducted in 2019 but that no information is provided by the Government on the nature of the violations detected or the sanctions imposed. Noting the repeated lack of information provided by the Government on the implementation of the Convention in practice, the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). In light of the persistent lack of legislation and national equality policy fully implementing the provisions of the Convention, the Committee asks the Government to: (i) take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention; (ii) provide information on any activities undertaken in this regard, in particular in order to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment; and (iii) provide information on the number and outcome of any cases of discrimination in employment and occupation detected by or reported to labour inspectors, the courts or any other competent authorities.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Legislative protection against discrimination. The Committee recalls that article 13 of the Constitution Order of 1979 contains a general prohibition against discrimination on the grounds of sex, race, place of origin, political opinions, colour or creed. For a number of years, the Committee has been drawing the Government’s attention to the fact that article 13 of the Constitution: (1) does not refer to the grounds of national extraction and social origin listed in Article 1(1)(a) of the Convention; and (2) excludes non-citizens from its scope of application, while the Convention covers both nationals and non-nationals. The Committee has further highlighted the lack of any specific legislation prohibiting discrimination in employment and occupation and recalled that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey of 2012 on the fundamental Conventions, paragraph 851). Referring to its previous comments where it noted the Government’s intention to adopt a law similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee notes with regret the Government’s statement, in its report, that no further action has been taken in that regard. As regards section 27 of the Education Act (Cap 202) of 2006 which prohibits discrimination in admission to an educational institution or schools on a certain number of grounds, the Committee notes the Government’s indication that social status is similar to social origin, but that there has been no judicial decision with respect to the meaning of social status. The Government adds that draft amendments to the Protection of Employment Act of 2003 have been made to prohibit termination of employment on the grounds of race, colour, gender, marital status, social status, sexual orientation, pregnancy, religion, political opinion or affiliation, nationality, or social or indigenous origin of the employee. Noting that such amendments are awaiting the approval of the competent authority, the Committee wishes to recall that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation. Under Article 1(3) of the Convention “employment” and “occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (see General survey of 2012, paragraph 749). The Committee notes that, in their concluding observations, several United Nations treaty bodies recently expressed concerns about: (1) the fact that article 13 of the Constitution is not applicable to non-citizens; and (2) the lack of provisions specifically prohibiting discrimination in employment and occupation (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 8; and CMW/C/VCT/CO/1, 17 May 2018, paragraph 26). In light of the persistent lack of progress made in the making of legislation that fully reflects the provisions of the Convention, the Committee urges the Government to take the necessary steps without delay to ensure an effective legislative framework that explicitly prohibits direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), concerning all stages of the employment process and covering all workers, both nationals and non-nationals. It asks the Government to provide information on any progress made in this regard. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Articles 2 and 3(a). Lack of a national equality policy. Referring to its previous comments concerning the lack of a national policy promoting equality of opportunity and treatment in respect of employment and occupation, the Committee notes the Government’s repeated statement that the competent authority has not developed a national equality policy yet. The Government however states that appropriate steps are being taken to formulate such a policy in a near future. In that regard, the Committee draws the Government’s attention to the fact that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof (see General Survey of 2012, paragraph 841). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to take the necessary measures to develop and implement a national policy promoting equality of opportunity and treatment in respect of employment and occupation, in order to effectively contribute to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers. It asks the Government to provide information on any progress made in that regard.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:
  • (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
  • (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.
Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see General Survey on the fundamental Conventions, 2012, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.
Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy.
Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.
Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government 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 this regard.
Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.
Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide further information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again 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 (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government 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 careers.
The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate 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, including top management positions, within the public sector.
Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again 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 periodic reports of the labour inspectorate on its activities relating to equality.
Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, 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 and recalls that it may avail itself of ILO technical assistance.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.
Repetition
Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:
  • (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
  • (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.
Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see General Survey on the fundamental Conventions, 2012, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.
Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy.
Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.
Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government 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 this regard.
Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.
Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide further information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again 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 (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government 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 careers.
The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate 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, including top management positions, within the public sector.
Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again 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 periodic reports of the labour inspectorate on its activities relating to equality.
Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, 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 and recalls that it may avail itself of ILO technical assistance.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:
  • (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
  • (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.
Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see General Survey on the fundamental Conventions, 2012, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.
Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy.
Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.
Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government 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 this regard.
Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.
Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide further information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again 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 (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government 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 careers.
The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate 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, including top management positions, within the public sector.
Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again 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 periodic reports of the labour inspectorate on its activities relating to equality.
Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, 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 and recalls that it may avail itself of ILO technical assistance.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:
  • (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
  • (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.
Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see 2012 General Survey, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.
Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy in its next report.
Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.
Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government 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 this regard.
Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes with interest the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information in its next report regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.
Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide more information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again 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 (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government 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 careers.
The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate 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, including top management positions, within the public sector.
Part III of the report form. Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again 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 periodic reports of the labour inspectorate on its activities relating to equality.
Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, 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 and, if need be, to avail itself of ILO technical assistance.

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

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 comments.
Repetition
Legislative developments. The Committee notes from the Government’s report that the new Constitution, adopted by the National Assembly on 3 September 2009, was rejected by a referendum held on 25 November 2009. Recalling its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and the Government’s intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee urges the Government to take the necessary measures to ensure an effective legislative framework, protecting workers against discrimination, and to provide information of progress made in this regard. The Committee strongly encourages the Government to take into consideration the following:
  • (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention, including national extraction and social origin, and with respect to all aspects of employment and occupation;
  • (ii) other prohibited grounds could be added pursuant to Article 1(1)(b) of the Convention and, in this context, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), stating that real or perceived HIV status should not be a ground for discrimination preventing the recruitment or continued employment, or the pursuit of equal opportunities (paragraph 10); and
  • (iii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.
Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on article 21(2) of the new Constitution providing equality in access to education and vocational training, as well as equality of opportunity in respect of employment, remuneration and promotion. Noting that the new Constitution has been rejected, the Committee asks the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation. Moreover, it requests the Government to provide information on any measures taken or envisaged to implement, in practice, the principle of equality of opportunity and treatment between men and women.
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.
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 on equality in employment and occupation, 1996, 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 3(d). 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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee notes from the Government’s report that the new Constitution, adopted by the National Assembly on 3 September 2009, was rejected by a referendum held on 25 November 2009. Recalling its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and the Government’s intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee urges the Government to take the necessary measures to ensure an effective legislative framework, protecting workers against discrimination, and to provide information of progress made in this regard. The Committee strongly encourages the Government to take into consideration the following:

(i)    the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention, including national extraction and social origin, and with respect to all aspects of employment and occupation;

(ii)   other prohibited grounds could be added pursuant to Article 1(1)(b) of the Convention and, in this context, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), stating that real or perceived HIV status should not be a ground for discrimination preventing the recruitment or continued employment, or the pursuit of equal opportunities (paragraph 10); and

(iii)  the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on article 21(2) of the new Constitution providing equality in access to education and vocational training, as well as equality of opportunity in respect of employment, remuneration and promotion. Noting that the new Constitution has been rejected, the Committee asks the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation. Moreover, it requests the Government to provide information on any measures taken or envisaged to implement, in practice, the principle of equality of opportunity and treatment between men and women.

The Committee notes with regret that the Government’s brief report does not reply to some matters raised in the Committee’s previous comments. The Committee hopes the Government will be able to provide full information in its next report on the points from its previous direct request, which read, in relevant parts, as follows:

…

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.

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 3(d). 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.

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds “national extraction” and “social origin”, as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether “place of origin” is to be understood as corresponding to “national extraction” in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of “national extraction” and “social origin”, in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination, and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds “national extraction” and “social origin”, as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether “place of origin” is to be understood as corresponding to “national extraction” in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of “national extraction” and “social origin”, in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination, and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds “national extraction” and “social origin”, as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether “place of origin” is to be understood as corresponding to “national extraction” in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of “national extraction” and “social origin”, in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination, and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s first report.

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds "national extraction" and "social origin", as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether "place of origin" is to be understood as corresponding to "national extraction" in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of "national extraction" and "social origin", in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.

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