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

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Legislation. The Committee recalls its previous comments regarding the absence of sex as a prohibited ground of discrimination in article 24 of the Constitution, and the Government’s obligation to take active measures to promote equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention. It notes, once more, the Government’s statement to the effect that all necessary steps are being taken to ensure the rapid adoption of the Constitutional Amendment Bill which will provide for the prohibition of discrimination on the basis of sex. The Committee also notes the Government’s indication that the Bureau of Women’s Affairs (BWA) is continuing to advocate for amendments to existing legislation that is gender-biased or outdated, in order to bring it into line with contemporary thinking and international requirements. The Committee would like to draw the Government’s attention to the developments regarding the prohibition of discrimination and the application of the Convention, set out in its General Report of 2009 (paragraphs 105–120). In particular, the Committee noted that “though a number of countries already have general constitutional provisions regarding equality, these provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation … Given persisting patterns of discrimination, the Committee considers that in most cases comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention” (paragraph 109). The Committee also notes that the approach set out in the Committee’s general report is reflected in the CARICOM model labour harmonization legislation on equality of opportunity and treatment. The Committee requests the Government to examine the possibility of adopting provisions explicitly defining and prohibiting direct and indirect discrimination, on all the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation, and covering all workers, and to provide information on steps taken in this regard. The Committee further requests the Government to provide information on the status of the Constitutional Amendment Bill, as well as on any measures being taken to amend gender-biased or outdated legislation.

Sexual harassment. The Committee notes the Government’s statement that the draft policy on sexual harassment was to be submitted for Cabinet approval in May 2009 and that it was expected to lead to the enactment of legislation. The Committee also notes with interest the initiatives taken and events organized by the BWA, including the training and sensitization workshops in the context of a project under the United Nations Trust Fund in 2008 and 2009, with 1,081 people being trained, of which 56 per cent were women and 44 per cent were men. The Committee asks the Government to provide information on the progress made in adopting the policy on sexual harassment, and to provide a copy once it has been adopted. It also reiterates its request for indications on the legal status of the policy and enforcement mechanisms. Please also provide copies of the documents relevant to the training and sensitization sessions, including the awareness-raising brochure on sexual harassment in the workplace, as well as an overview of the findings and conclusions of the project on sexual harassment under the United Nations Trust Fund.

Article 1, paragraph 1(b). HIV/AIDS. The Committee previously noted the launching of the HIV/AIDS project in 2007 by the Ministry of Labour and Social Security, and the preparation of the Occupational Safety and Health Bill, which the Government had indicated would address protection against discrimination of persons with HIV/AIDS. The Committee also understands that the International HIV/AIDS Workplace Education Programme, being executed by the ILO, has resulted, among other things, in an increase in the percentage of workplaces with HIV/AIDS policies or guidelines including provisions on non‑discrimination. The Committee requests further information on the implementation of the national workplace policy on HIV/AIDS, and the impact thereof, including with respect to the 2007 project, and the International HIV/AIDS Workplace Education Programme in so far as they relate to preventing and addressing discrimination in employment and occupation on the basis of real or perceived HIV status. It also requests the Government to provide information on the status of the proposed HIV and AIDS Regulations which are to be promulgated with the occupational safety and health legislation.

Persons with disabilities. The Committee notes from the Government’s report that the National Policy for Persons with Disabilities (2002) provides the framework for equal treatment of persons with disabilities. In pursuance of this policy, training is provided for the disabled at the Abilities Foundation. The Government also refers to the Steps-to-Work Programme, under which a number of places are reserved for persons with disabilities, thereby increasing the opportunities for training and employment of these persons. The Committee requests the Government to continue to provide information on the practical application of the National Policy for Persons with Disabilities with respect to promoting equality of opportunity and treatment in employment and occupation.

Article 2. Promoting equality of opportunity and treatment between men and women. The Committee recalls its concerns relating to the low participation of women in the labour force, their high unemployment rate compared to men’s and the horizontal and vertical gender segregation of the labour market. It notes the information provided in the Government’s report on data compiled by the Statistical Institute of Jamaica and findings of research, which show that, even if there are signs of improvement, women are still facing discrimination in the labour market, particularly in access to decision-making positions, although they perform better than men in education. It also notes the indication that there have been various measures taken for public education and awareness raising on key gender issues, including in the education system. The Committee welcomes the development of a National Gender Policy which the Government indicates is being finalized for Cabinet approval, and the establishment of a gender equality framework for all government policies, programmes and plans in order to implement gender mainstreaming as an overarching strategy. The Committee encourages the Government to continue to collect and analyse data, and to forward this information, in order to allow the Committee to assess the progress made over time in achieving a balanced representation of men and women in different job categories and in management and decision-making positions in the public and private sectors. The Committee asks the Government to provide information on the progress in the adoption and implementation of the National Gender Policy, and on its impact in the public and private sectors. The Committee requests additional information on the measures adopted within the gender equality framework, and the impact of such measures. Please also provide a copy of the National Gender Policy and the gender equality framework. The Committee would also welcome information on steps being taken toward the adoption and implementation of a national policy to promote equality in employment and occupation related to the other grounds set out in the Convention, namely, race, colour, religion, political opinion, national extraction and social origin.

Article 3(e). Vocational training. The Committee notes the information provided by the Government on the non-traditional skills training programmes delivered by the Human Employment and Resources Training/National Training Agency (HEART/NTA). The Committee asks the Government to provide detailed information on the number of women trained and the ratio of participants that were able to secure employment after having benefited from such training. It also reiterates its request to the Government for information on the following:

(i)    the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes, including on the number of women involved, disaggregated by ethnicity where possible, and details of the training activities; and

(ii) any other efforts to eliminate discrimination in training based on sex and disability, as well as on the other grounds covered by the Convention.

Part V of the report form. Statistics. The Committee recalls its previous comments relating to the importance of collecting data disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality. It notes the Government’s statement to the effect that there have been substantial achievements regarding gender equality in relation to the Millennium Development Goals, particularly in education and in the participation of women in the labour market. In order to assess progress in the application of the Convention, the Committee reiterates its request to the Government to provide statistics on employment and vocational training along with its next report, disaggregated at least by sex, race and religion.

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

1. Article 1 of the Convention. Sexual harassment. The Committee recalls its previous comments relating to the absence of legislation prohibiting sexual harassment in the workplace. The Committee notes the Government’s statement that the draft policy document on sexual harassment is to be presented to the Human Rights Council after which it will be presented to the Senate to be declared a legal document. The Committee asks the Government to provide a copy of the policy document on sexual harassment, once adopted by the Senate, as well as an indication of its legal status and the manner in which workers may obtain redress for sexual harassment at work. The Government is also requested to supply information regarding any practical efforts, in cooperation with the workers’ and employer’s organizations, undertaken or envisaged to raise awareness about sexual harassment at work and to prevent and address sexual harassment both in the public and the private sectors.

2. Discrimination on the basis of sex. For a number of years, the Committee has been noting that the Government was taking efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex. The Committee notes once more the Government’s statement that such efforts are still continuing. The Government further states that notwithstanding this, no reports of sex discrimination have been received. While acknowledging that the process of amending the Constitution may be difficult, the Committee nevertheless reminds the Government of its obligations under the Convention to take active measures to promote equality of opportunity and treatment between men and women with a view to eliminating discrimination based on sex in employment and occupation. The Committee further recalls that the absence of complaints does not necessarily indicate an absence of discrimination in practice or an absence of violations of the principle of equality between men and women. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee requests the Government to indicate in its next report the specific measures taken or envisaged to prohibit, prevent and address sex discrimination in employment and occupation in law and in practice, including any awareness-raising or training activities in this context. Please also keep the Committee informed of the status of the proposed amendment of Chapter III of the Constitution.

3. Article 1(1)(b). Additional grounds of discrimination. The Committee recalls its previous comments relating to the national workplace policy on HIV/AIDS. It notes the information in the Government’s report regarding the launching of the HIV/AIDS project 2007 by the Ministry of Labour and Social Security and the Occupational Safety and Health Bill which, according to the Government, should address protection against discrimination of persons infected by HIV/AIDS. The Committee requests the Government to provide information concerning the implementation of the national workplace policy on HIV/AIDS and HIV/AIDS project 2007. The Government is specifically requested to provide information on how these initiatives have helped in practice to improve protection of persons infected with HIV or living with AIDS who have been or may be discriminated against in employment and occupation.

4. Promoting equality of opportunity and treatment between men and women. In its previous comments, the Committee had shared the concerns expressed by the UN Committee on the Elimination of Discrimination against Women relating to the low labour force participation rate of women and their high unemployment rate as compared to men’s, as well as the horizontal and vertical gender segregation of the labour market. In this regard, the Committee had also recalled the Gender and Social Equity Steering Committee’s recommendation to create a preparatory commission to finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders. In the absence of any further information in the Government’s report on this point, the Committee asks the Government once again how it is exploring ways of following up on this important recommendation in the future. The Committee also requests the Government to provide information on any progress being made, pursuant to the 1998–2002 Corporate Plan or otherwise, in the employment situation of women, including the promotion of women in employment at middle, senior and executive management levels in the private and public sectors. Please also provide specific information on the public education efforts relating to gender stereotyping undertaken by the Bureau of Women’s Affairs and the Centre for Gender and Development.

5. Article 3(e). Vocational training. The Committee recalls the Government’s efforts to promote access to vocational training for women and disabled persons. The Committee reiterates its request to the Government to provide detailed information about (1) the participation by the Human Employment and Resources Training/National Training Agency (HEART/NTA) (in cooperation with the Inter-American Bank) in the non-traditional skills training for low-income women project, which trains young women in non-traditional occupations; (2) the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes. The information provided should contain details on the number of women involved, disaggregated by ethnicity where possible, and details of the training activities, including their participation in non-traditional skills training; and (3) information about any other efforts to eliminate discrimination in training, not only based on sex and disability, but also based on the other grounds covered by the Convention.

6. Part V of the report form. Statistics. The Committee reiterates its requests to the Government to provide statistics on employment and vocational training along with its next report, disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality.

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

1. The Committee notes the Government’s report and wishes to offer guidance to help the Government prepare future reports in a manner that will allow both the Government and the Committee to better assess the application of the Convention. The Committee draws the Government’s attention to the report form’s practical guidance for drawing up subsequent reports. On this basis, the Government is requested in the future to provide full information on the following:

(a)   new legislation or other measures affecting the application of the Convention;

(b)   questions in the report form on the practical application of the Convention (for example statistics, results of inspections, judicial or administrative decisions) and on the communication of copies of the Government’s report to the representative employers’ and workers’ organizations; and

(c)   the specific comments of the supervisory bodies (Committee of Experts and, if applicable, the Conference Committee on the Application of Standards).

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest the adoption of a national workplace policy on HIV/AIDS which incorporates the principles on HIV/AIDS and the world of work as suggested by the ILO. It notes the Government’s indication that the policy seeks to promote non-discrimination in employment and occupation on the basis of real or perceived HIV status. The Committee requests the Government to provide details in future reports concerning developments with respect to the practical application of its workplace policy on HIV/AIDS and, in particular, on protection offered to persons infected with HIV or living with AIDS who have been or may be discriminated against in employment and occupation.

3. The Committee notes that the Government’s report does not address any of the matters raised in its previous direct request. It hopes the Government will make every effort to include information in its next report on the following points.

4. Sexual harassment. The Committee notes the information provided by the Government in response to the questions of the Committee on the Elimination of Discrimination against Women (CEDAW/C/JAM/Q/5/Add.1, 15 June 2006). It notes that the Government still has not adopted legislation prohibiting sexual harassment in the workplace. The Government indicates, however, that a draft policy document is presently under discussion, which is expected to lead to legislation covering employment, education and health institutions. The Committee shares CEDAW’s concern about the absence of legislation prohibiting sexual harassment in the workplace and asks the Government to provide information regarding any legislative or policy developments in this area, as well as regarding any practical efforts, both in the public and the private sectors, to raise awareness about sexual harassment at work and to prevent sexual harassment and to address it appropriately when it occurs.

5. Discrimination on the basis of sex. The Committee recalls that previously reported efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex did not result in any such amendment, and it asks the Government if such efforts are continuing.

6. Promoting equality of opportunity and treatment between men and women. The Committee notes from the Government’s responses to CEDAW that the labour force participation rate of women in 2004 was 55.8 per cent as compared to 73.3 per cent for men, and that the unemployment rate in the same year for women was 16.4 per cent versus 7.9 per cent among men (CEDAW/C/JAM/Q/5/Add.1, page 14). Furthermore, women continued to dominate in professions such as teaching and nursing, which are not highly paid. The Committee notes the concern of CEDAW that despite high educational qualifications, women continue to be underpaid and underemployed and face horizontal and vertical segregation in the labour market (CEDAW/C/JAM/CO/5, paragraph 33). This situation notwithstanding, the Committee recalls that the Gender and Social Equity Steering Committee’s recommendation to create a preparatory commission to finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders was not implemented due to lack of funding. The Committee asks the Government how it is exploring ways of following up on this important recommendation in the future. The Committee also requests the Government to provide information on any progress being made, pursuant to the 1998-2002 Corporate Plan or otherwise, in the employment situation of women, including the promotion of women in employment at middle, senior and executive management levels in the private and public sectors. Please also provide further specific information on the activities of the Steering Committee with regard to the promotion of equality of opportunity and treatment in employment and occupation.

7. The Committee recalls that the Bureau of Women’s Affairs (BWA) and the Centre for Gender and Development, in cooperation with other women’s NGOs, are involved in the promotion of public education initiatives relating to gender roles and gender stereotyping. The Committee asks the Government to provide specific information on these education efforts particularly as they relate to employment, as well as information on any continuing monitoring efforts undertaken by the BWA.

8. Article 3(e). Vocational training. The Committee recalls the Government’s efforts relating to vocational training, including: (1) the participation by the Human Employment and Resources Training/National Training Agency (HEART/NTA) (in cooperation with the Inter-American Bank) in the Non-traditional Skills Training for Low-Income Women Project, which trains young women in non-traditional occupations; and (2) the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes. The Committee requests the Government to provide detailed information about these efforts, including the number of women involved, disaggregated by ethnicity where possible, and details of the training activities. At the same time, the Committee reiterates its interest in receiving specific information regarding efforts the Government is or might be taking to encourage men as well as women to enrol in non-traditional skills training.

9. The Committee recalls the Government’s launching of a comprehensive training programme for disabled persons the goals of which are to train and equip disabled persons with skills in information technology and to ensure their full integration into the job market, as well as their inclusion in national development. The Committee also recalls the efforts by HEART/NTA to include disabled persons in its traditional skills training programmes. In light of the Government’s particular efforts in the area of vocational training, the Committee asks it to provide information about any other efforts to eliminate discrimination in training, not only based on sex and disability, but also based on the other grounds covered by the Convention.

10. Part V of the report form. Statistics. The Committee asks the Government to provide statistics on employment and vocational training along with its next report, disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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. The Committee notes that, while a law prohibiting sexual harassment has not yet been promulgated, relevant government ministries are working on the development of a sexual harassment policy and a draft cabinet submission on this issue is under preparation. It also notes that a few companies have put into place written and comprehensive policies on sexual harassment. The Committee requests that the Government continue to forward information both regarding any legislative or policy results in this area, as well as regarding any practical efforts, both in the public and the private sector, to highlight the problem of, and to implement responses to, sexual harassment at work.

2. The Committee notes that previously reported efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex have not yet resulted in any such amendment, and it asks the Government if such efforts are continuing.

3. The Committee welcomes the acknowledgement by the Government in its report that women have historically been placed at a disadvantage in employment. It notes information recently provided by the Government to the Committee on Economic, Social and Cultural Rights (CESCR) regarding the relative disadvantages women still experience in the labour market - that the 1997 unemployment rate for males was 10.6 per cent while that of females was 23.5 per cent, that the "top of the Jamaican labour market tends to favour male rather than female employees," and that women are over-represented in low-paying, low-status, low-productivity segments of the market (E/1990/6/Add.28, paragraphs 28, 41). This situation notwithstanding, the Committee notes that the recommendation made by the Gender and Social Equity Steering Committee, that a preparatory commission that would finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders be created, was not followed through due to lack of funding. The Committee asks the Government how it is exploring ways of following through on this important recommendation in the future. In this regard, the Committee also requests the Government to provide information on any progress being made, pursuant to the 1998-2002 Corporate Plan or otherwise, in the employment situation of women, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

4. The Committee notes the continuing efforts of the Steering Committee on Gender and Social Equity, whose mandate is to put forward recommendations for a framework for which gender equity can be achieved as a policy goal. The Committee requests that the Government provide further specific information on the activities of this Committee, including its linkages with the existing national machinery on the status of women, other recommendations it has made and any underlying research it has conducted on the promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes with interest that the Bureau of Women’s Affairs (BWA) and the Centre for Gender and Development, in cooperation with other women’s NGOs, are involved in the promotion of public education initiatives relating to gender roles and gender stereotyping. The Committee asks the Government to provide specific information on these education efforts particularly as they relate to employment, as well as information on any continuing monitoring efforts undertaken by the BWA.

6. The Committee notes the Government’s efforts relating to vocational training, including: (1) the participation by HEART/NTA (in cooperation with the Inter-American Bank) in the Non-traditional Skills Training for Low-Income Women Project, which trains young women in non-traditional occupations; and (2) the establishment by the Human Employment and Resources Training/National Training Agency (HEART/NTA) of the Training and Employment Referral Centre (TERC), which offers placement services to graduates from certain training programmes. The Committee requests the Government to provide detailed information about these efforts, including the number of women involved, disaggregated by ethnicity where possible, and details of the training activities. At the same time, the Committee reiterates its interest in receiving specific information regarding efforts the Government is or might be taking to encourage males as well as females to enrol in non-traditional skills training.

7. The Committee notes with interest the Government’s recent launching of a comprehensive training programme for disabled persons, whose goals are to train and equip disabled persons with skills in information technology, and to ensure their full integration into the job market, as well as their inclusion in national development. The Committee also notes the efforts by HEART/NTA to include disabled persons in its traditional skills training programmes. In light of the Government’s particular efforts in the area of vocational training, the Committee asks it to provide information about any other efforts to eliminate discrimination in training, not only based on sex and disability, but also based on the other grounds covered by the Convention.

8. The Committee encourages the Government to consider collecting statistics in the context of vocational training, employment disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report.

1. The Committee notes that, while a law prohibiting sexual harassment has not yet been promulgated, relevant government ministries are working on the development of a sexual harassment policy and a draft cabinet submission on this issue is under preparation. It also notes that a few companies have put into place written and comprehensive policies on sexual harassment. The Committee requests that the Government continue to forward information both regarding any legislative or policy results in this area, as well as regarding any practical efforts, both in the public and the private sector, to highlight the problem of, and to implement responses to, sexual harassment at work.

2. The Committee notes that previously reported efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex have not yet resulted in any such amendment, and it asks the Government if such efforts are continuing.

3. The Committee welcomes the acknowledgement by the Government in its report that women have historically been placed at a disadvantage in employment. It notes information recently provided by the Government to the Committee on Economic, Social and Cultural Rights (CESCR) regarding the relative disadvantages women still experience in the labour market - that the 1997 unemployment rate for males was 10.6 per cent while that of females was 23.5 per cent, that the "top of the Jamaican labour market tends to favour male rather than female employees," and that women are over-represented in low-paying, low-status, low-productivity segments of the market (E/1990/6/Add.28, paragraphs 28, 41). This situation notwithstanding, the Committee notes that the recommendation made by the Gender and Social Equity Steering Committee, that a preparatory commission that would finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders be created, was not followed through due to lack of funding. The Committee asks the Government how it is exploring ways of following through on this important recommendation in the future. In this regard, the Committee also requests the Government to provide information on any progress being made, pursuant to the 1998-2002 Corporate Plan or otherwise, in the employment situation of women, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

4. The Committee notes the continuing efforts of the Steering Committee on Gender and Social Equity, whose mandate is to put forward recommendations for a framework for which gender equity can be achieved as a policy goal. The Committee requests that the Government provide further specific information on the activities of this Committee, including its linkages with the existing national machinery on the status of women, other recommendations it has made and any underlying research it has conducted on the promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes with interest that the Bureau of Women’s Affairs (BWA) and the Centre for Gender and Development, in cooperation with other women’s NGOs, are involved in the promotion of public education initiatives relating to gender roles and gender stereotyping. The Committee asks the Government to provide specific information on these education efforts particularly as they relate to employment, as well as information on any continuing monitoring efforts undertaken by the BWA.

6. The Committee notes the Government’s efforts relating to vocational training, including: (1) the participation by HEART/NTA (in cooperation with the Inter-American Bank) in the Non-traditional Skills Training for Low-Income Women Project, which trains young women in non-traditional occupations; and (2) the establishment by the Human Employment and Resources Training/National Training Agency (HEART/NTA) of the Training and Employment Referral Centre (TERC), which offers placement services to graduates from certain training programmes. The Committee requests the Government to provide detailed information about these efforts, including the number of women involved, disaggregated by ethnicity where possible, and details of the training activities. At the same time, the Committee reiterates its interest in receiving specific information regarding efforts the Government is or might be taking to encourage males as well as females to enrol in non-traditional skills training.

7. The Committee notes with interest the Government’s recent launching of a comprehensive training programme for disabled persons, whose goals are to train and equip disabled persons with skills in information technology, and to ensure their full integration into the job market, as well as their inclusion in national development. The Committee also notes the efforts by HEART/NTA to include disabled persons in its traditional skills training programmes. In light of the Government’s particular efforts in the area of vocational training, the Committee asks it to provide information about any other efforts to eliminate discrimination in training, not only based on sex and disability, but also based on the other grounds covered by the Convention.

8. The Committee encourages the Government to consider collecting statistics in the context of vocational training, employment disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes once again 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 reads as follows:

1. The Committee notes from the Government’s report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government’s comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women’s Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers’ Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4. The Committee welcomes the efforts by the Government to increase women’s access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers’ Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5. The Committee notes the Government’s statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6. The Committee notes the Government’s statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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. The Committee notes from the Government’s report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government’s comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

        2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women’s Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers’ Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

        3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

        4. The Committee welcomes the efforts by the Government to increase women’s access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers’ Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

        5. The Committee notes the Government’s statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

        6. The Committee notes the Government’s statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

1.  The Committee notes from the Government’s report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government’s comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2.  The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women’s Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers’ Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3.  The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4.  The Committee welcomes the efforts by the Government to increase women’s access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers’ Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5.  The Committee notes the Government’s statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6.  The Committee notes the Government’s statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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. The Committee notes from the Government's report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government's comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women's Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers' Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4. The Committee welcomes the efforts by the Government to increase women's access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers' Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5. The Committee notes the Government's statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6. The Committee notes the Government's statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report.

1. The Committee notes from the Government's report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government's comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women's Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers' Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4. The Committee welcomes the efforts by the Government to increase women's access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers' Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5. The Committee notes the Government's statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6. The Committee notes the Government's statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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. The Committee notes the Government's statement in its report that there are no existing laws in Jamaica which discriminate against women, and its reference to the attached National Policy Statement on Women dated July 1987. The Committee notes that the Policy Statement, although silent on the subject of laws which overtly discriminate against women, nevertheless states that legal and administrative reforms are still required to achieve adequate protection and treatment of women under the law, and that the Government will identify the areas in which reforms are required to eliminate discrimination against women in accordance with the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and implement the reforms necessary for the protection and advancement of women. The Committee asks the Government to inform it of the progress made in this regard as regards equality of opportunity and treatment between men and women in employment and occupation.

2. The Committee notes with interest the information submitted by the Government on some efforts taken to diversify occupational choice between men and women by, for example, offering a common curriculum in school grades 7 to 9, instead of the previous situation of choice from grade 7 only between industrial arts or home economics, which tended to divide the students into boys and girls, limiting their exposure to careers which did not correspond to society's preconceived expectations. It asks the Government to keep it informed of steps taken to make the new curriculum available in all schools, and any other measures taken to promote equality between men and women at all levels of educational and vocational training.

3. Noting from the Government's report that it sees a need for a Policy Statement on Women which states its objectives more precisely and provides for a machinery to translate policies more effectively into programmes, and recalling the concern expressed by the CEDAW Committee in 1988 with regard to the absence in Jamaica of any policy to guarantee effectively that a private sector employer hired without prejudice based on sex, the Committee asks the Government to inform it of any policies declared and machinery created to promote equality of opportunity between men and women.

4. The Committee had noted in previous direct requests the Government's statement that, according to national equality policy, there should be freedom of choice and equal opportunities for all in educational and vocational training, and that employers should hire people based on qualifications and not sex, race or ethnicity, class, social background or political or religious preferences. The Committee once again requests the Government to supply information on the practical application of this principle as it has on several occasions in past direct requests. This information should cover the grounds listed in Article 1, paragraph 1(a), of the Convention other than sex, with regard to equality of opportunity and treatment in:

(a) access to vocational training and higher education;

(b) access to employment and to particular occupations; and

(c) terms and conditions of employment.

5. As the Government's report is silent on enforcement and redress, the Committee is obliged to repeat its earlier request for details on any use made of article 25 of the Constitution which provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed with the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information on decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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. Noting that the Government's report for 1990-92 is silent in reply to the query on any recent reforms of laws which overtly discriminate against women in relation to employment and occupation, the Committee again asks the Government to communicate in its next report information on any new measures (such as those indicated in the 1989 Government report) taken in recent years concerning laws which discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation.

2. Noting that for several years the Committee has raised the question of occupational segregation, it regrets that the detailed description of education and training policy reforms supplied by the Government does not contain information on the efforts being undertaken to diversify occupational choice between men and women. The Committee therefore repeats its previous request to the Government to supply such information.

3. Noting the Government's statement that the student population is not disaggregated by race or colour since Jamaican society is not overtly divided along racial lines, the Committee requests it supply information, as it has in the past generally, on the practical application, as regards the grounds of prohibited discrimination listed in Article 1, paragraph 1(a), of the Convention other than sex, of the national policy on equality of opportunity and treatment in employment with regard to: (a) access to vocational training and higher education; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. In particular, the Government is asked to provide details on the results achieved by the various means enumerated in Article 3 of the Convention.

4. The Committee notes that the Government, in its report submitted in 1984 on the International Convention on the Elimination of all Forms of Racial Discrimination, stated that it had decided that legislation required under Article 4 of that Convention (rescision of discriminatory laws and adoption of legislation prohibiting racial discrimination) should be enacted. The Committee requests the Government to supply information on the legislative action taken in this respect, supplying copies of texts, and the application in practice of this legislation in the field of employment and occupation.

5. The Committee notes that article 25 of the Constitution provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed to the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information about decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Government's statement in its report that there are no existing laws in Jamaica which discriminate against women, and its reference to the attached National Policy Statement on Women dated July 1987. The Committee notes that the Policy Statement, although silent on the subject of laws which overtly discriminate against women, nevertheless states that legal and administrative reforms are still required to achieve adequate protection and treatment of women under the law, and that the Government will identify the areas in which reforms are required to eliminate discrimination against women in accordance with the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and implement the reforms necessary for the protection and advancement of women. The Committee asks the Government to inform it of the progress made in this regard as regards equality of opportunity and treatment between men and women in employment and occupation.

2. The Committee notes with interest the information submitted by the Government on some efforts taken to diversify occupational choice between men and women by, for example, offering a common curriculum in school grades 7 to 9, instead of the previous situation of choice from grade 7 only between industrial arts or home economics, which tended to divide the students into boys and girls, limiting their exposure to careers which did not correspond to society's preconceived expectations. It asks the Government to keep it informed of steps taken to make the new curriculum available in all schools, and any other measures taken to promote equality between men and women at all levels of educational and vocational training.

3. Noting from the Government's report that it sees a need for a Policy Statement on Women which states its objectives more precisely and provides for a machinery to translate policies more effectively into programmes, and recalling the concern expressed by the CEDAW Committee in 1988 with regard to the absence in Jamaica of any policy to guarantee effectively that a private sector employer hired without prejudice based on sex, the Committee asks the Government to inform it of any policies declared and machinery created to promote equality of opportunity between men and women.

4. The Committee had noted in previous direct requests the Government's statement that, according to national equality policy, there should be freedom of choice and equal opportunities for all in educational and vocational training, and that employers should hire people based on qualifications and not sex, race or ethnicity, class, social background or political or religious preferences. The Committee once again requests the Government to supply information on the practical application of this principle as it has on several occasions in past direct requests. This information should cover the grounds listed in Article 1, paragraph 1(a), of the Convention other than sex, with regard to equality of opportunity and treatment in:

(a) access to vocational training and higher education;

(b) access to employment and to particular occupations; and

(c) terms and conditions of employment.

5. As the Government's report is silent on enforcement and redress, the Committee is obliged to repeat its earlier request or details on any use made of article 25 of the Constitution which provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed with the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information on decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report containing detailed information on secondary, tertiary and vocational education restructuring and statistics on male/female student and training ratios for 1992-93 in reply to its previous direct requests.

1. Noting, however, that the report is silent in reply to the query on any recent legal reforms of laws which overtly discriminate against women in relation to employment and occupation, the Committee again asks the Government to communicate in its next report information on any new measures (such as those indicated in the 1989 Government report) taken in recent years concerning laws which discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation. In addition, the Committee once again requests the Government to communicate copies of the National Policy Statement on Women, mentioned in the Government's report of 1989 as having been adopted in 1987 and of its associated Plan of Action for 1986-87 and for more recent periods and to supply information on the results obtained by these measures towards eliminating discrimination based on sex in employment and occupation.

2. Noting that for several years the Committee has raised the question of occupational segregation, it regrets that the detailed description of education and training policy reforms supplied by the Government does not contain information on the efforts being undertaken to diversify occupational choice between men and women. The Committee therefore repeats its previous request to the Government to supply such information.

3. Noting the Government's statement that the student population is not disaggregated by race or colour since Jamaican society is not overtly divided along racial lines, the Committee requests it supply information, as it has in the past generally, on the practical application, as regards the grounds of prohibited discrimination listed in Article 1, paragraph 1(a), of the Convention other than sex, of the national policy on equality of opportunity and treatment in employment with regard to: (a) access to vocational training and higher education; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. In particular, the Government is asked to provide details on the results achieved by the various means enumerated in Article 3 of the Convention.

4. The Committee notes that the Government, in its report submitted in 1984 on the International Convention on the Elimination of all Forms of Racial Discrimination, stated that it had decided that legislation required under Article 4 of that Convention (rescision of discriminatory laws and adoption of legislation prohibiting racial discrimination) should be enacted. The Committee requests the Government to supply information on the legislative action taken in this respect, supplying copies of texts, and the application in practice of this legislation in the field of employment and occupation.

5. The Committee notes that article 25 of the Constitution provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed to the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information about decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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. The Committee notes the information supplied by the Government on the activities of the Women's Bureau, including a dynamic Public Education Programme, the establishment of a National Advisory Council on Women's Affairs in April 1985, Parish Advisory Committees, the adoption in 1987 of a National Policy Statement on Women and a Plan of Action, the setting up of a Crisis Centre, a programme for adolescent mothers, and legal reforms. The Committee further notes the report on employment prepared by the Women's Business for the United Nations End of Decade Conference for Women, which was held in Nairobi, Kenya in 1985.

It requests the Government to communicate with its next report copies of the National Policy Statement on Women, adopted in 1987, and of the Plan of Action, and to supply information on the results obtained thereby as regards equality of opportunity and treatment in employment and occupation. The Committee further requests the Government to include in its next report information on the legal reforms carried out in recent years on laws which overtly discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation.

2. The Committee notes with interest the information supplied by the Government, including statistics, on educational and vocational training programmes, including the number broken down by sex, of students; enrolled in final year vocational programmes in new secondary and technical high schools in 1988-89, access to vocational training in public secondary schools, and entrance to educational and vocational training programmes during 1987-88 at the secondary level and at the university level.

The Committee further notes from the report on employment prepared by the Women's Bureau for the 1985 Nairobi Conference that at the end of 1982 most of the female labour force was employed in service occupations, self-employed and independent occupations, and clerical and sales occupations. It requests the Government to indicate any efforts being undertaken to diversify occupational choice between men and women and the results of those efforts.

In this connection the Committee notes the information supplied by the Government on the College of Agriculture and the national Industrial Vocational Training Programme for Jamaica, particularly the Modular Training Programme which covers areas such as auto mechanics, electrical installation, galvanizing and welding and fabrication. The Committee requests the Government to provide statistical information, in its next report indicating participation by sex, and, where available, by colour, race, religion and national extraction of students and instructors in these institutions.

3. The Committee requests the Government to continue to supply information on the practical application of the national policy to promote equality of opportunity and treatment in employment and education, in particular with regard to (a) access to vocational training and higher education; (b) access to employment and in particular occupations; and (c) terms and conditions of employment and on the results achieved, by the various means enumerated in Article 3 of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes the information supplied by the Government on the activities of the Women's Bureau, including a dynamic Public Education Programme, the establishment of a National Advisory Council on Women's Affairs in April 1985, Parish Advisory Committees, the adoption in 1987 of a National Policy Statement on Women and a Plan of Action, the setting up of a Crisis Centre, a programme for adolescent mothers, and legal reforms. The Committee further notes the report on employment prepared by the Women's Business for the United Nations End of Decade Conference for Women, which was held in Nairobi, Kenya in 1985.

It requests the Government to communicate with its next report copies of the National Policy Statement on Women, adopted in 1987, and of the Plan of Action, and to supply information on the results obtained thereby as regards equality of opportunity and treatment in employment and occupation. The Committee further requests the Government to include in its next report information on the legal reforms carried out in recent years on laws which overtly discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation.

2. The Committee notes with interest the information supplied by the Government, including statistics, on educational and vocational training programmes, including the number broken down by sex, of students; enrolled in final year vocational programmes in new secondary and technical high schools in 1988-89, access to vocational training in public secondary schools, and entrance to educational and vocational training programmes during 1987-88 at the secondary level and at the university level.

The Committee further notes from the report on employment prepared by the Women's Bureau for the 1985 Nairobi Conference that at the end of 1982 most of the female labour force was employed in service occupations, self-employed and independent occupations, and clerical and sales occupations. It requests the Government to indicate any efforts being undertaken to diversify occupational choice between men and women and the results of those efforts.

In this connection the Committee notes the information supplied by the Government on the College of Agriculture and the national Industrial Vocational Training Programme for Jamaica, particularly the Modular Training Programme which covers areas such as auto mechanics, electrical installation, galvanising and welding and fabrication. The Committee requests the Government to provide statistical information, in its next report indicating participation by sex, and, where available, by colour, race, religion and national extraction of students and instructors in these institutions.

3. The Committee requests the Government to continue to supply information on the practical application of the national policy to promote equality of opportunity and treatment in employment and education, in particular with regard to (a) access to vocational training and higher education; (b) access to employment and in particular occupations; and (c) terms and conditions of employment and on the results achieved, by the various means enumerated in Article 3 of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee thanks the Government for its two most recent reports, which it will examine at its 1991 session, in order to follow the periodicity laid down by the Governing Body. Any further information which the Government may wish to submit will be taken into account at that time.