Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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. Prohibited grounds of discrimination. The Committee notes the Government’s indication that its previous comments suggesting the explicit inclusion of the ground of “social origin” in sections 14(e) and 63(2)(d) of the Labour Act of 2003 and the replacement of the terms “politics” and “political status” with the broader term “political opinion”, in line with the Convention, have been noted and were communicated to the Minister for appropriate action. Recalling that national legislation should cover, as a minimum, all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate the concrete steps taken with a view to amending the Labour Act.

Discrimination based on sex. Sexual harassment. The Committee notes that its previous comments on a possible amendment of section 175 of the Labour Act to ensure that the definition of sexual harassment also covers a hostile environment were transmitted to the Minister for consideration. With regard to the measures taken to prevent and combat sexual harassment at work, the Government indicates that such steps include workplace inspections, education on the law and training programmes for labour officers. The Committee requests the Government to indicate any legislative developments with regard to the extension of the definition of sexual harassment to explicitly cover a hostile environment. While noting that no complaints concerning sexual harassment at work have been brought before the competent authorities under the Labour Act, the Committee encourages the Government to take concrete steps aimed at achieving better knowledge and understanding of the existence of sexual harassment and means of preventing and addressing it among labour officers, judges and other relevant public officials as well as employers and workers and their organizations.

Article 2. Gender equality in employment and occupation. The Committee notes that in the statement on the policy for affirmative action towards equality of rights and opportunities for women in Ghana, the Government undertakes to establish a more clear-cut administrative framework for handling women’s affairs, to mainstream women’s issues, to ensure adequate representation of women at district and sub-district levels of administration (a target of 30 per cent was set rather than 40 per cent previously fixed), to make the education and training of women more effective and to raise public awareness on affirmative action. The Committee also welcomes the policy on gender equality for 2008–12 developed by the Ghana Trades Union Congress, which includes the increase of women’s representation in the leadership of the labour movement and in union activities and the intensification of gender educational programmes for both men and women. The Committee requests the Government to provide information on the implementation of the measures taken within the framework of the affirmative action policy, including indications of the timeframe for their implementation and their impact on gender equality in employment and occupation. Please also indicate steps taken to collect and process statistical information on the situation of women in employment in the private and the public sectors.

Article 2. Equality in employment without any distinction of race, colour, religion and national extraction. The Committee requests the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. Please also provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities and, if any, on the manner in which they were dealt with.

Article 3. Education and vocational training. The Committee notes that the Government is promoting the access of girls and women to education, in particular within the framework of the National Functional Literacy Programme which puts a special emphasis on women and the poor rural population. The Committee also notes the adoption of the Education Act 2008 which repeals the 1961 Education Act. However, it also notes that the Government has not taken the opportunity of the revision of the Education Act to prohibit discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee asks the Government to take the necessary measures to ensure that such provisions will be included in the Education Act. The Committee also encourages the Government to continue its efforts to promote access of girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a larger range of jobs and occupations and requests it to continue to provide information on measures taken to that end and on their impact.

Article 5. Special measures. Workers with disabilities. The Committee notes from the Government’s report that the recently established National Council on Persons with Disability is in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee requests the Government to communicate such data in its next report.

Parts III and IV of the report form. Enforcement. Noting that the report contains no reply to its previous request regarding labour inspection, the Committee once again requests the Government to indicate the specific measures taken or envisaged to revise the labour inspection form to include a specific reference to discrimination on the grounds listed in the Convention and to sexual harassment. It asks the Government to provide information on any measures taken or envisaged to enhance the capacity of labour officers to identify and address discrimination in employment and occupation. Please also indicate whether labour inspectors and other competent national bodies, such as the National Labour Commission and the Commission on Human Rights and Administrative Justice, have dealt with any discrimination cases.

 

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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee recalls that sections 14(e) and 63(2)(d) of the Labour Act of 2003 recognize social status as a prohibited ground of discrimination. It notes the Government’s statement to the effect that this term is intended to cover discrimination on the basis of social origin in accordance with Article 1(1)(a) of the Convention. While noting the Government’s explanations, the Committee nevertheless requests the Government to consider amending sections 14(e) and 62(2)(d) to include explicitly the ground of social origin which goes beyond the notion of social status. The Committee also requests the Government to consider revising these provisions to replace the terms “politics” and “political status” with the broader term “political opinion”, in line with Article 1(1)(a) of the Convention. The Government is requested to keep the Committee informed of any developments in this regard.

Discrimination based on sex. Sexual harassment. The Committee recalls that section 175 defines sexual harassment as “any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or co-workers to a worker, whether the worker is a man or woman”. In its previous comments, the Committee noted that this definition may not cover hostile environment harassment. While noting the Government’s view that hostile environment harassment was implicitly covered, the Committee maintains that by referring to “advances or request”, section 175 would appear to have the effect of excluding from the definition of sexual harassment conduct of a sexual nature that, while not being an advance or request, nevertheless creates an intimidating, hostile or humiliating working environment for the recipient. The Committee requests the Government to:

(a)   indicate whether it would consider amending the definition of sexual harassment contained in the Labour Act to ensure that hostile environment harassment is prohibited and to indicate the steps taken in this regard;

(b)   provide, as requested in its previous comments, information on the measures taken to assess the prevalence of sexual harassment at work (for example through a more targeted labour inspection form) and to indicate what additional steps are being taken to prevent sexual harassment, including through awareness raising;

(c)   indicate whether any complaints concerning sexual harassment at work have been brought before the competent authorities under the Labour Act or other legislation.

Article 2. Gender equality in employment and occupation. The Committee notes from the Government’s report that a draft strategy prepared by the Ministry of Women and Children Affairs (MOWAC) for presentation to Heads of States and Governments of the African Union highlighted experiences in Ghana regarding affirmative action measures in the public service and the appointment of gender desk officers in the different government departments and institutions. Challenges such as lack of consistency and sustainability in the implementation of such policies and persisting stereotyped perceptions of women, were highlighted in the report. The Committee welcomes the indications that the Ghana Employers’ Association is promoting gender equality in the private sector. While noting the data provided concerning the level of women’s participation in political decision-making, the Committee is concerned that no statistical information on women’s participation in the private and public labour market appears to be available. The Committee requests the Government to:

(a)   take all measures necessary to achieve the full implementation of its affirmative action policy, including the target of 40 per cent women’s representation in public sector employment and to indicate in its next report the specific action taken to this end and the results obtained;

(b)   provide more detailed information on the measures taken to promote gender equality in the private sector, including information on the specific measures taken by workers’ and employers’ organizations;

(c)   indicate any further developments with regard to the Women’s Department’s proposal to introduce paternity leave in the public sector;

(d)   collect and process statistical information on the participation of women in the private and public labour market.

Education and training. The Committee notes that the right of all persons to equal education is ensured under section 8 of the Children Act and article 25 of the Constitution, while the 1961 Education Act is still under review. The Committee also notes that programmes are being carried out to increase access to education for all, particularly girls. The Committee requests the Government to ensure that the new legislation on education will prohibit discrimination in education on all the grounds explicitly listed in Article 1(1)(a) of the Convention. Please provide information on any further developments in this regard, as well as information on progress made in achieving equal access of men and women to education and training, including statistical information.

Article 5. Special measures. Workers with disabilities. The Committee notes that the Labour Regulations 2007 further define the incentives scheme for the employment of persons with disabilities envisaged under the Labour Act 2003. The Committee requests the Government to provide more detailed information on the incentive scheme and its implementation, including information on the number of workers with disabilities and enterprises that have benefited from it.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that the National Labour Commission is competent to deal with disputes concerning discrimination under the Labour Act and that it has dealt with no such case so far. A number of discrimination cases have, however, been decided by the Commission on Human Rights and Administrative Justice (CHRAJ). The Committee requests the Government to continue to provide information on any discrimination cases dealt with by the competent national bodies, including the National Labour Commission and the CHRAJ.

With regard to labour inspection, the Committee notes that no discrimination cases have been addressed under sections 14 and 63 of the Labour Act. Recalling its previous comments on the absence on any specific reference on the labour inspection report form to discrimination on the grounds listed in the Convention, the Committee notes the Government’s indication that this lacuna has been brought to the attention of the Labour Department’s unit that designed the form. The Committee requests the Government to indicate the specific measures taken or envisaged to revise the labour inspection form and to enhance the capacity of labour inspectors to identify and address discrimination in employment and occupation. Please also indicate whether labour inspectors have dealt with any discrimination cases.

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

1. Article 1 of the Convention. Prohibition of discrimination. Political opinion. The Committee notes from the Government’s report that, under section 14(e) of the Labour Act of 2003, the prohibition of discrimination in employment on the basis of “politics” generally refers to an individual’s participation in the activities of a particular party. With respect to section 63(2)(d) of the same Act, the Government indicates that unfair dismissal on account of a person’s “political status” refers to an individual’s position in a particular political party. The Committee reminds the Government that the prohibition of discrimination on the basis of political opinion, as contained in the Convention, covers a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party.

2. Social origin. The Committee further notes the Government’s response with regard to the ground of “social status” set out in sections 14(e) and 63(2)(d) of the Labour Act. The Government indicates that the employment of a worker based on social origin constitutes an unfair labour practice and is discouraged by the Labour Act. The Committee wishes to point out that discrimination on the basis of social origin arises when an individual’s membership in a class, a socio-occupational category or a caste determines his or her occupational future either by denying him or her certain jobs or activities or, on the contrary, by assigning him or her to certain jobs (General Survey on equality in employment and occupation, 1988, paragraph 54). It also reminds the Government that the prohibition of discrimination on the grounds of social origin does not merely cover situations of preferential hiring but includes any circumstance which has the effect of nullifying or impairing equality of opportunity or treatment in employment and occupation, including access to vocational training, access to employment and particular occupations, as well as regarding the terms and conditions of employment. The Government is, therefore, asked again to indicate whether the ground “social status” as appears in sections 14(e) and 63(2)(d) of the Labour Act, prohibits discrimination on the basis of social origin in employment and occupation in conformity with Article 1 of the Convention.

3. Discrimination on the basis of sex. Sexual harassment. In its report, the Government states that under the Labour Act of 2003, sexual harassment constitutes gender discrimination within the meaning of section 14(e). The Committee notes, however, that the definition of sexual harassment at section 175 of the Act does not appear to cover hostile work environment harassment. It reminds the Government that the scope of sexual harassment as outlined in the Committee’s general observation in 2002 includes the notion of hostile work environment, which relates to conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Government indicates that the new labour inspection report form is intended to address sexual harassment in employment. However, apart from questions relating to pornography and bullying, the Committee notes that there is no explicit question inquiring about the incidence of sexual harassment in the workplace. In this respect, the Committee also notes from the Government’s report to the Committee on the Elimination of Discrimination against Women that it has difficulty assessing whether workplace sexual harassment is a problem faced by Ghanaian women since cases of sexual harassment are not reported (CEDAW/C/GHA/3-5, paragraph 150). The Committee asks the Government to clarify whether the definition of sexual harassment in the Labour Act also covers “hostile work environment” as set out in the 2002 general observation. In addition, the Government is requested to provide information on the measures taken to more accurately assess the prevalence of sexual harassment in employment and occupation (for example, through a more targeted labour inspection form) and to indicate what additional steps it is taking or considering to prevent sexual harassment in practice and to ensure that victims of such practices have the opportunity to bring complaints and seek appropriate redress.

4. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with interest the affirmative action policy for women accompanying the Government’s report. It notes under this policy, the appointment of a Committee on Affirmative Action to monitor the policy’s overall implementation, which includes action on greater representation of women in parliament and at regional levels of administration, more effective education and training for women and raising public awareness on gender issues. Noting that these affirmative action measures will be periodically reviewed, the Committee asks the Government to include information in its next report on the achievements of this policy towards promoting equality between men and women in employment and occupation, including progress on the objective of having 40 per cent of positions in the public sector filled by women. The Government is also asked to include information on the ongoing work of the Committee on Affirmative Action with respect to the application of the Convention and on the measures taken or under consideration to promote gender equality in the private sector (formal and informal), particularly in rural areas. Please also provide information on the possible introduction of paternity leave as indicated in the Government’s CEDAW report (CEDAW/C/GHA/3-5, paragraph 148).

5. Education and training. The Committee notes the Government’s indication that article 25(1) of the Constitution ensures equal access to education. It recalls that the 1961 Education Act provides that any person refusing a pupil access to an educational establishment on the grounds of religion, nationality, race or language of the pupil or his or her parents shall be fined (section 22(4)). Recalling that the Education Act is currently under review, the Committee again asks the Government to take the necessary measures to ensure that the new legislation will provide for equal access to education on all the grounds listed in Article 1(1)(a) of the Convention, including political opinion, and to keep the Committee informed in this regard.

6. Article 3(d). Civil service. With respect to disciplinary action applicable to public servants, the Committee recalls that article 191(b) of the Constitution provides that no member of the public service shall be “dismissed, removed from office, reduced in rank or otherwise punished without just cause”. Given that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee notes the Government’s explanation that “just cause” in this case means “deserved or appropriate under the circumstances to be punished”. The Committee asks the Government to indicate what legal assurances exist to protect civil servants from dismissal on the basis of discriminatory grounds as contained in the Convention. In this regard, the Committee reiterates its request for a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in cases of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Please also indicate whether confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process.

7. Parts III and IV of the report form. Enforcement. With respect to the complaints procedures and remedies available to victims of discrimination and the sanctions that can be imposed for infringements of section 14(e), the Committee notes the Government’s reference to section 64 of the Labour Act. It notes from this provision that workers who allege that their employment has been unfairly terminated may present a claim to the National Labour Commission which, upon finding in favour of the claimant, may order the employer to reinstate the worker, re-employ the worker or order the employer to pay compensation to the worker. The Committee notes that section 64 of the Labour Act is limited, however, to cases where the discriminatory treatment took place upon an employee’s dismissal. The Committee asks the Government to indicate what recourse is available to workers who experience discrimination in access to employment, in the terms and conditions of their employment, or in access to vocational training. In this respect, the Government is requested to provide information on any relevant cases decided by the National Labour Commission or any other adjudicative body, such as the Commission on Human Rights and Administrative Justice regarding discrimination in employment or occupation.

8. The Committee notes that the Labour Department designed a new labour inspection and child labour monitoring report form. It notes that this report form asks establishments, among other things, to indicate the number of workers employed and their rates of remuneration disaggregated by sex, the number of disabled workers employed, the number of labour complaints lodged and the nature of such complaints, information on terminations as well as on HIV/AIDS in the workplace. The Committee asks the Government to indicate how, in the course of inspections, the labour inspectorate monitors discriminatory treatment on the basis of all the grounds listed under the Convention. It further requests the Government to provide information on the number, nature, and outcome of cases involving sections 14, 63(2)(d) or 63(3)(b) of the Labour Act reported to or addressed by the labour inspectors, including in enterprises situated in export processing zones.

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

The Committee notes that the Government’s report has not been received. It nevertheless examined the Labour Act of 2003, which entered into force in March 2004. 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 following matters.

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 14(e) of the Labour Act of 2003 provides that "an employer shall not in respect of any person seeking employment, or persons already in his employment discriminate against the person on grounds of gender, race, colour, ethnic origin, religion, creed, social or economic status, disability or politics". Section 63(2)(d) provides that "a worker’s employment is terminated unfairly if the only reason for the termination is the worker’s gender, race, colour, ethnicity, origin, religion, creed, social, political or economic status". The Committee requests the Government:

(a)  to clarify the meaning of the terms "politics" and "political status" and whether sections 14(e) and 63(2)(d) are intended to prohibit discrimination against a worker on the basis of his or her political opinion (i.e. his or her activities to express or demonstrate political views including membership or involvement in political parties or organizations);

(b)  to indicate whether the ground "social status" is intended to cover discriminatory treatment based on social origin (i.e. the worker’s actual or perceived membership or origin in a class, socio-occupational category, caste or similar system of social stratification);

(c)  to elaborate on the complaints procedures and remedies available for victims of discrimination and the sanctions that can be imposed for infringements of section 14(e).

2. Access to education and training. The Committee recalls its previous comments concerning the 1961 Education Act which provides that any person refusing a pupil access to an educational establishment on the ground of religion, nationality, race or language of the pupil or his or her parents shall be fined (section 22(4)). Noting from the Government’s most recent report under the Convention on the Rights of the Child (CRC/C/65/Add.34, 14 July 2005, paragraph 266) that this Act is currently under review, the Committee requests the Government to take the necessary measures to ensure that the new legislation will provide for equal access to education on all the grounds listed in Article 1(1)(a) of the Convention, including political opinion.

3. Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Labour Act defines "sexual harassment" as "any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or co-workers to a worker, whether the worker is a man or woman" (section 175), which does not appear to cover hostile environment harassment. Under section 15, a contract of employment may be terminated by the worker on the ground of sexual harassment and under section 63(3)(b) a worker’s employment is deemed to be unfairly terminated if the worker terminates the contract of employment because the employer has failed to take action on repeated complaints by the worker of sexual harassment at the workplace. Recalling that sexual harassment has serious consequences for the victims and the enterprises in which such practices exist, the Committee considers that these provisions may not provide adequate protection and remedies to victims of sexual harassment, as redress appears to be available only following repeated complaints to the employer and only to the extent that the harassed worker is entitled to leave the employment relationship. The Committee asks the Government to indicate whether sexual harassment is considered to constitute "gender discrimination" under section 14(e) of the Labour Act and to provide information on any further measures taken, in law or in practice, to prevent and address sexual harassment at work.

4. Article 2. Equality of opportunity and treatment of men and women. Recalling its previous comments concerning article 35(6)(b) of the Constitution, which provides that the State shall take appropriate measures to achieve reasonable regional and gender balance in recruitment and appointment to public offices, the Committee requests the Government to provide information on the specific measures taken or envisaged to ensure effective equality of opportunity and treatment of women in respect of recruitment in the public service. More generally, the Committee would appreciate receiving information on Ghana’s policies and programmes to promote equal opportunity and treatment of men and women in employment and occupation, as well as statistical or other information on the position of men and women in the various sectors of the labour market and the informal economy.

5. Article 3(d). Civil service. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Please indicate whether confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process.

6. Parts III and IV of the report form. Enforcement. The Committee recalls the Government’s statement that labour inspections were conducted in all establishments, including those in the free zones established under Act No. 504 of 31 August 1995, in order to ensure all workers enjoy the guarantees provided for under the Convention. In the light of new Labour Act, the Committee requests the Government to provide information on the number, nature, and outcomes of the cases involving sections 14, 63(2)(d), or 63(3)(b) of the Labour Act reported to or addressed by the labour inspectors, including in enterprises situated in free zones. The Committee also asks the Government to provide information on any relevant cases decided by the courts or the Commission on Human Rights and Administrative Justice regarding discrimination in employment or occupation.

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

1. Article 1(1) of the Convention. Sexual harassment. The Committee notes from the Government’s report that sexual harassment has been defined in the new Labour Act, 2003 as "any unwelcome offensive and importunate sexual advances or request made by an employer or superior or a co-worker to a worker whether the worker or officer is a man or a woman" (section 173 of the Labour Act). It also notes that the scope of protection under the law extends to termination of employment with sexual harassment being listed as one of the grounds of unfair termination of employment. The Committee awaits receipt of the new Labour Act and requests the Government to indicate the manner in which the law is being applied in practice to prevent and prohibit sexual harassment.

2. The Government has not responded to matters raised in the Committee’s previous direct request. The Committee is therefore obliged to repeat its request, which read as follows:

1. The Committee notes that the International Confederation of Free Trade Unions (ICFTU) has submitted a report entitled, "Internationally Recognised Core Labour Standards in Ghana" to a meeting of the Trade Policy Review Body of the World Trade Organization held on 26 and 28 February 2001. According to the report, the Cabinet of the Government accepted a proposal to ensure that women hold 40 per cent of public office positions. This measure would appear to promote application of article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". In this regard, the Committee requests the Government to supply information on the proposal and the progress made on the implementation. The Committee also recalls its previous request for more up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

2. The Committee also notes from the ICFTU report that Ghana’s Human Rights Tribunal had its first sexual harassment case in January 1999, in which a cabin attendant was fired for not accepting the sexual advances of her supervisor. The chief executive of the airline refused to pay compensation, and the Tribunal referred the case to the court for the enforcement of the judgement. The Committee would be grateful if the Government would provide information on the manner in which sexual harassment is dealt with in the country including enforcement action. It also requests the Government to continue to provide information on the activities and decisions of the Human Rights Commission and Tribunal.

3. The Committee notes the Government’s reply concerning reference to the criterion of political opinion in the Constitution of Ghana. The Government indicates that article 17(2) should be read in conjunction with article 17(3) on the definition of the word "discriminate", which includes political opinion. Although political opinion is not referred to in article 35(5) of the Constitution, articles 35(6) and (9) indicate that the principle of non-discrimination based on political opinion is not excluded. According to the Government, the guiding principle regarding grounds not explicitly mentioned in provisions of the Constitution is provided in article 33(5) which states that "the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man". The Committee thanks the Government for its reply. In this regard, the Committee recalls its request concerning the implementation of the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil or his or her parents shall be fined. In light of the explanation above, the Committee requests the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a pupil or parent.

4. The Committee notes that labour inspections are conducted in all industrial establishments including the Free Zones, provided by Act No. 504 of 31 August 1995. It therefore requests the Government to supply information on the activities and results of such labour inspections, including details of problems found in relation to discrimination and measures taken to correct them.

5. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

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

The Committee notes that the Government submitted a second report in addition to the one already submitted earlier. It welcomes the Government’s effort to provide additional and more up-to-date information.

1. The Committee notes that the International Confederation of Free Trade Unions (ICFTU) has submitted a report entitled, "Internationally Recognised Core Labour Standards in Ghana" to a meeting of the Trade Policy Review Body of the World Trade Organization held on 26 and 28 February 2001. According to the report, the Cabinet of the Government accepted a proposal to ensure that women hold 40 per cent of public office positions. This measure would appear to promote application of article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". In this regard, the Committee requests the Government to supply information on the proposal and the progress made on the implementation. The Committee also recalls its previous request for more up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

2. The Committee also notes from the ICFTU report that Ghana’s Human Rights Tribunal had its first sexual harassment case in January 1999, in which a cabin attendant was fired for not accepting the sexual advances of her supervisor. The chief executive of the airline refused to pay compensation, and the Tribunal referred the case to the court for the enforcement of the judgement. The Committee would be grateful if the Government would provide information on the manner in which sexual harassment is dealt with in the country including enforcement action. It also requests the Government to continue to provide information on the activities and decisions of the Human Rights Commission and Tribunal.

3.  The Committee notes the Government’s reply concerning reference to the criterion of political opinion in the Constitution of Ghana. The Government indicates that article 17(2) should be read in conjunction with article 17(3) on the definition of the word "discriminate", which includes political opinion. Although political opinion is not referred to in article 35(5) of the Constitution, articles 35(6) and (9) indicate that the principle of non-discrimination based on political opinion is not excluded. According to the Government, the guiding principle regarding grounds not explicitly mentioned in provisions of the Constitution is provided in article 33(5) which states that "the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man". The Committee thanks the Government for its reply. In this regard, the Committee recalls its request concerning the implementation of the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil or his or her parents shall be fined. In light of the explanation above, the Committee requests the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a pupil or parent.

4. The Committee notes that labour inspections are conducted in all industrial establishments including the Free Zones, provided by Act No. 504 of 31 August 1995. It therefore requests the Government to supply information on the activities and results of such labour inspections, including details of problems found in relation to discrimination and measures taken to correct them.

5. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

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 read as follows:

1.  The Committee observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2.  The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers’ rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3.  The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a)  As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent - a criterion not provided for by the above-mentioned Act.

(b)  As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c)  Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

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

The Committee notes with regret that for the sixth consecutive year the Government’s report has not been received. It must therefore reiterate the points made in previous comments in a new direct request which concerns application of the Convention in free zones, protection from discrimination on grounds of political opinion and promotion of equal opportunity for women in employment.

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

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 observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2. The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers' rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3. The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a) As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent -- a criterion not provided for by the above-mentioned Act.

(b) As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c) Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

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

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 observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2. The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers' rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3. The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a) As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent -- a criterion not provided for by the above-mentioned Act.

(b) As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c) Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

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

1. The Committee observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2. The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers' rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3. The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a) As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent -- a criterion not provided for by the above-mentioned Act.

(b) As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c) Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes, from the very brief report submitted by the Government, that it is proposed to respond to the Committee's requests as soon as the information the Government sought from competent bodies is obtained. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the new Constitution which entered into force on 7 January 1993 and the new Civil Service Law of 1 January 1993. While these enactments respond to a number of matters raised in its previous comments, the Committee requests the Government to provide full information in its next report on the following points which remain outstanding or which arise in the context of the new legislation.

2. The Committee notes that article 17(2) of the Constitution prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status, whereas subparagraph (3) defines "discriminate" to mean "to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed ...". It also notes that article 35(5) provides that "The State shall ... prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs". Observing that "political opinion", one of the grounds listed in Article 1, paragraph 1(a), of the Convention, is included in article 17(3) but not in paragraph 2 of that article, and that the phrase "other beliefs" is used in article 35(5), the Committee requests the Government to indicate whether this difference was inadvertent or aims at adding a different ground of proscribed discrimination.

3. The Committee notes that article 35(6)(b) of the Constitution provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". It asks the Government to provide details of any measures taken in this regard, together with statistical updates indicating whether there has been, in fact, an increase in the proportion of women in public employment.

4. The Committee notes that article 191(b) of the Constitution states that no member of the public service shall be "dismissed or removed from office or reduced in rank or otherwise punished without just cause" and that sections 76 and 77 of the Civil Service Law give a general definition of misconduct and list particular types of misconduct in the civil service. The Committee asks the Government to clarify what constitutes "just cause" in relation to the application of the Convention.

5. The Committee notes that, according to article 196 of the Constitution, Parliament may legislate to give the Public Services Commission power to exercise supervisory, regulatory and consultative functions in relation to entrance and promotion examinations, recruitment and appointments to and within the public services and to establish standards and guidelines on the terms and conditions of employment in the public services. Since the Committee had, in its previous comments, noted that paragraph 125 of the 1989 Report on the Restructuring of the Public Services Commission made provision for the verification of information and/or security checks on applicants, and had therefore asked for details on these procedures in the light of Article 4 of the Convention, it requests the Government to indicate the status of the Public Service Commission's powers under the new Constitution. It would also appreciate receiving copies of any regulations or administrative instructions concerning the criteria affecting access to public employment generally, apart from civil service posts which are regulated by Part VIII of the new Civil Service Law.

6. The Committee notes that section 81(2) of the Civil Service Law provides that regulations for the conduct of disciplinary proceedings in cases of misconduct or unsatisfactory service of a civil servant should specify that no major penalty shall be imposed on a civil servant unless it has been confirmed by the appropriate authority, and that subsection (e) enables the accused in any proceeding to appeal against a decision involving the imposition of a penalty provided that it is not a decision that requires confirmation under (d). The Committee requests the Government to indicate whether any regulations have been made in accordance with section 81, and, if so, to provide a copy. It also asks the Government to clarify the nature of the confirmation required from the Civil Service Council in the case of major penalties, where it appears that no appeal is allowed (for example, whether the confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process).

7. The Committee notes that article 216 of the Constitution provides for the creation of a Commission on Human Rights and Administrative Justice within six months of Parliament's first meeting after the coming into force of the Constitution. The duties of this body include "to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the armed forces, the police service and the prisons service in so far as the complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services" (article 218(b)) and "to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution" (article 218(c)). The Committee requests the Government to indicate whether the Commission on Human Rights and Administrative Justice has been established and to supply information on any cases investigated under article 218(b) or (c) which are relevant to the elimination of discrimination in employment as laid down by the Convention.

8. In earlier requests, the Committee had requested copies of any judgement handed down by virtue of section 22(4) of the Education Act, 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language of the pupil himself or one of the pupil's parents, and had asked what measures existed to ensure access to education and training without discrimination on the basis of the parents' political opinion which is not mentioned in the 1961 Act. The Committee requests the Government to indicate any texts of relevance to this point in its future reports.

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

1. Referring to its observation, the Committee notes the new Constitution which entered into force on 7 January 1993 and the new Civil Service Law of 1 January 1993. While these enactments respond to a number of matters raised in its previous comments, the Committee requests the Government to provide full information in its next report on the following points which remain outstanding or which arise in the context of the new legislation.

2. The Committee notes that article 17(2) of the Constitution prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status, whereas subparagraph (3) defines "discriminate" to mean "to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed ...". It also notes that article 35(5) provides that "The State shall ... prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs". Observing that "political opinion", one of the grounds listed in Article 1, paragraph 1(a), of the Convention, is included in article 17(3) but not in paragraph 2 of that article, and that the phrase "other beliefs" is used in article 35(5), the Committee requests the Government to indicate whether this difference was inadvertent or aims at adding a different ground of proscribed discrimination.

3. The Committee notes that article 35(6)(b) of the Constitution provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". It asks the Government to provide details of any measures taken in this regard, together with statistical updates indicating whether there has been, in fact, an increase in the proportion of women in public employment.

4. The Committee notes that article 191(b) of the Constitution states that no member of the public service shall be "dismissed or removed from office or reduced in rank or otherwise punished without just cause" and that sections 76 and 77 of the Civil Service Law give a general definition of misconduct and list particular types of misconduct in the civil service. The Committee asks the Government to clarify what constitutes "just cause" in relation to the application of the Convention.

5. The Committee notes that, according to article 196 of the Constitution, Parliament may legislate to give the Public Services Commission power to exercise supervisory, regulatory and consultative functions in relation to entrance and promotion examinations, recruitment and appointments to and within the public services and to establish standards and guidelines on the terms and conditions of employment in the public services. Since the Committee had, in its previous comments, noted that paragraph 125 of the 1989 Report on the Restructuring of the Public Services Commission made provision for the verification of information and/or security checks on applicants, and had therefore asked for details on these procedures in the light of Article 4 of the Convention, it requests the Government to indicate the status of the Public Service Commission's powers under the new Constitution. It would also appreciate receiving copies of any regulations or administrative instructions concerning the criteria affecting access to public employment generally, apart from civil service posts which are regulated by Part VIII of the new Civil Service Law.

6. The Committee notes that section 81(2) of the Civil Service Law provides that regulations for the conduct of disciplinary proceedings in cases of misconduct or unsatisfactory service of a civil servant should specify that no major penalty shall be imposed on a civil servant unless it has been confirmed by the appropriate authority, and that subsection (e) enables the accused in any proceeding to appeal against a decision involving the imposition of a penalty provided that it is not a decision that requires confirmation under (d). The Committee requests the Government to indicate whether any regulations have been made in accordance with section 81, and, if so, to provide a copy. It also asks the Government to clarify the nature of the confirmation required from the Civil Service Council in the case of major penalties, where it appears that no appeal is allowed (for example, whether the confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process).

7. The Committee notes that article 216 of the Constitution provides for the creation of a Commission on Human Rights and Administrative Justice within six months of Parliament's first meeting after the coming into force of the Constitution. The duties of this body include "to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the armed forces, the police service and the prisons service in so far as the complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services" (article 218(b)) and "to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution" (article 218(c)). The Committee requests the Government to indicate whether the Commission on Human Rights and Administrative Justice has been established and to supply information on any cases investigated under article 218(b) or (c) which are relevant to the elimination of discrimination in employment as laid down by the Convention.

8. In earlier requests, the Committee had requested copies of any judgement handed down by virtue of section 22(4) of the Education Act, 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language of the pupil himself or one of the pupil's parents, and had asked what measures existed to ensure access to education and training without discrimination on the basis of the parent's political opinion which is not mentioned in the 1961 Act. The Committee requests the Government to indicate any texts of relevance to this point in its future reports.

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

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. Referring to its observation, the Committee notes the new Constitution which entered into force on 7 January 1993 and the new Civil Service Law of 1 January 1993. While these enactments respond to a number of matters raised in its previous comments, the Committee requests the Government to provide full information in its next report on the following points which remain outstanding or which arise in the context of the new legislation.

2. The Committee notes that article 17(2) of the Constitution prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status, whereas subparagraph (3) defines "discriminate" to mean "to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed ...". It also notes that article 35(5) provides that "The State shall ... prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs". Observing that "political opinion", one of the grounds listed in Article 1, paragraph 1(a), of the Convention, is included in article 17(3) but not in paragraph 2 of that article, and that the phrase "other beliefs" is used in article 35(5), the Committee requests the Government to indicate whether this difference was inadvertent or aims at adding a different ground of proscribed discrimination.

3. The Committee notes that article 35(6)(b) of the Constitution provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". It asks the Government to provide details of any measures taken in this regard, together with statistical updates indicating whether there has been, in fact, an increase in the proportion of women in public employment.

4. The Committee notes that article 191(b) of the Constitution states that no member of the public service shall be "dismissed or removed from office or reduced in rank or otherwise punished without just cause" and that sections 76 and 77 of the Civil Service Law give a general definition of misconduct and list particular types of misconduct in the civil service. The Committee asks the Government to clarify what constitutes "just cause" in relation to the application of the Convention.

5. The Committee notes that, according to article 196 of the Constitution, Parliament may legislate to give the Public Services Commission power to exercise supervisory, regulatory and consultative functions in relation to entrance and promotion examinations, recruitment and appointments to and within the public services and to establish standards and guidelines on the terms and conditions of employment in the public services. Since the Committee had, in its previous comments, noted that paragraph 125 of the 1989 Report on the Restructuring of the Public Services Commission made provision for the verification of information and/or security checks on applicants, and had therefore asked for details on these procedures in the light of Article 4 of the Convention, it requests the Government to indicate the status of the Public Service Commission's powers under the new Constitution. It would also appreciate receiving copies of any regulations or administrative instructions concerning the criteria affecting access to public employment generally, apart from civil service posts which are regulated by Part VIII of the new Civil Service Law.

6. The Committee notes that section 81(2) of the Civil Service Law provides that regulations for the conduct of disciplinary proceedings in cases of misconduct or unsatisfactory service of a civil servant should specify that no major penalty shall be imposed on a civil servant unless it has been confirmed by the appropriate authority, and that subsection (e) enables the accused in any proceeding to appeal against a decision involving the imposition of a penalty provided that it is not a decision that requires confirmation under (d). The Committee requests the Government to indicate whether any regulations have been made in accordance with section 81, and, if so, to provide a copy. It also asks the Government to clarify the nature of the confirmation required from the Civil Service Council in the case of major penalties, where it appears that no appeal is allowed (for example, whether the confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process).

7. The Committee notes that article 216 of the Constitution provides for the creation of a Commission on Human Rights and Administrative Justice within six months of Parliament's first meeting after the coming into force of the Constitution. The duties of this body include "to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the armed forces, the police service and the prisons service in so far as the complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services" (article 218(b)) and "to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution" (article 218(c)). The Committee requests the Government to indicate whether the Commission on Human Rights and Administrative Justice has been established and to supply information on any cases investigated under article 218(b) or (c) which are relevant to the elimination of discrimination in employment as laid down by the Convention.

8. In earlier requests, the Committee had requested copies of any judgement handed down by virtue of section 22(4) of the Education Act, 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language of the pupil himself or one of the pupil's parents, and had asked what measures existed to ensure access to education and training without discrimination on the basis of the parent's political opinion which is not mentioned in the 1961 Act. The Committee requests the Government to indicate any texts of relevance to this point in its future reports.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read, in the pertinent part, as follows:

1. The Committee notes the entry into force, on 7 January 1993, of the new Constitution of 28 April 1992, and the new Civil Service Act of 1 January 1993. (...) 3. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention in practice throughout the country. 4. The Committee is addressing a request directly to the Government on certain other points concerning the new Constitution and the Civil Service Act.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. The Committee notes the entry into force, on 7 January 1993, of the new Constitution of 28 April 1992, and the new Civil Service Act of 1 January 1993.

2. With reference to its previous observations, the Committee notes with satisfaction that the provisions in the Civil Service Act, 1960, which had allowed the President to dismiss a civil servant without an appeal, have not been included in the new Civil Service Act.

3. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention in practice throughout the country.

4. The Committee is addressing a request directly to the Government on certain other points concerning the new Constitution and the Civil Service Act.

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee again hopes that the Government will soon provide full information on the following points previously raised.

(i) The Committee has noted that under section 1(1)(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

(ii) The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22(4)) is still in force. It also has noted section 1(1)(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33(1)(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22(4) of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

(iii) By virtue of section 40(1) and (3) of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

2. In its previous comments, the Committee had noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It had also noted section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37(3)(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee had requested the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

The Committee notes the extract of the Report on the Restructuring of the Public Services Commission, supplied by the Government. The Committee requests the Government to indicate whether the provisions contained in this Report have been implemented. While noting that procedures are set out in the report for the recruitment of public officials, the Committee requests the Government to provide information concerning the criteria of recruitment which, as was noted previously, are laid down by the Public Services Commission and adopted by the National Defence Council. In particular, the Committee requests the Government to indicate the conditions and criteria under which applicants may be excluded from employment pursuant to paragraph 125 of the Report, which concerns the verification of information and/or security checks on applicants. In this regard the Committee refers to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation which indicate the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.

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

The Committee notes from the Government's brief report that the comments of this Committee concerning the recommendations to facilitate the amendment of the Civil Service Act of 1960 and Regulation 60(1) of the Civil Service (Interim) Regulations, 1960 are under discussion. As no more specific information has been provided, the Committee is obliged to repeat its previous comments which read as follows:

1. In comments made since 1967, the Committee has noted that under section 32 of the Civil Service Act, 1960, the President may dismiss or remove any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(1) of the Civil Service (Interim) Regulations 1960, there shall be no appeal against a decision of this sort which is taken or confirmed by the President. Accordingly, the Committee has requested that measures be taken, both as regards legal grounds for dismissal and regarding channels of appeal so as to ensure that civil servants are not discriminated against on any of the grounds covered by the Convention. For many years, the Government has reiterated that the question of civil servants' right of appeal was being studied by the Public Services Commission and the Attorney-General's Office. The Committee noted the Government's statement that the Constitution is the supreme law of the country and that any other law found to be inconsistent with any provision of the Constitution shall, to the extent of the inconsistency, be void and of no effect. The Government also stated that in view of the constitutional provision which safeguards the liberty of the individual, a dismissed civil servant may seek redress from the courts. The Government further indicates that there are cases relevant to this matter, notably those of Sallah v. the Attorney-General 1970 (already referred to by the Government in the discussion on this matter by the Conference Committee in 1983) and Owusu Afriyie v. State Hotels 1977. The former case concerned a civil servant (who was one of 560 dismissed public officers) whose dismissal was annulled by the court. In respect of the latter case, the Governmment indicated only that the dismissed plaintiff sued in the High Court and won her case. In the absence of copies of the decisions cited and of any indication as to the particular terms of the constitutional provision referred to by the Government, the Committee is unable to ascertain whether dismissed civil servants are guaranteed adequate channels of appeal. The Committee recalls, in this regard, that the 1979 Constitution (which was suspended by the National Defence Council (Establishment) Proclamation 1981) was formally abrogated by section 66(1) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law. (PNDCL Law 42 of 1981.) However, even if a right of appeal were guaranteed under the Constitution, that cannot be considered to be sufficient in itself to guarantee equality of opportunity and treatment under the Convention. The problems often encountered in remedial procedures - such as the cost, the difficulties with the burden of proof, the fear of initiating proceedings alone and that of exposure to reprisals - may effectively deter many civil servants from pursuing this course. Indeed, the Committee considers it significant that apparently only one civil servant out of 560 dismissed public officials sought to bring an action before the courts. Accordingly, it is of paramount importance that the Government take steps to amend without delay section 32 of the Civil Service Act 1960 to ensure that civil servants not be subject to discrimination concerning their dismissal or removal from employment on the grounds of race, sex, religion, political opinion, national extraction or social origin. In addition, the Committee urges the Government to amend Regulation 60(1) of the Civil Service (Interim) Regulations, 1960, to guarantee civil servants the right of appeal in all cases of dismissal or removal from employment. 2. In its previous comments, the Committee had noted the Government's statement that steps were being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee also recalled the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. The Committee notes that the Government has not provided any further information on this matter. Accordingly, the Committee recalls the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports, the action taken in pursuance of a policy to promote equality and eliminate discrimination; and hopes that the Government will provide the details called for in a direct request which the Committee is again addressing to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its observation on the Convention.

1. The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee again hopes that the Government will soon provide full information on the following points previously raised:

(i) The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

(ii) The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

(iii) By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

2. In its previous comments, the Committee had noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It had also noted section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee had requested the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

The Committee notes the extract of the Report on the Restructuring of the Public Services Commission, supplied by the Government with its report. The Committee requests the Government to indicate whether the provisions contained in this Report have been implemented. While noting that procedures are set out in the report for the recruitment of public officials, the Committee requests the Government to provide information concerning the criteria of recruitment which, as was noted previously, are laid down by the Public Services Commission and adopted by the National Defence Council. In particular, the Committee requests the Government to indicate the conditions and criteria under which applicants may be excluded from employment pursuant to paragraph 125 of the Report, which concerns the verification of information and/or security checks on applicants. In this regard the Committee refers to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation which indicate the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's reply that the National Advisory Committee on Labour has begun discussion on the comments of this Committee and would soon come out with recommendations to facilitate the amendment of the Civil Service Act of 1960 and Regulation 60(1) of the Civil Service (Interim) Regulations 1960. As no more specific information was provided, the Committee is obliged to repeat its previous comments which read as follows:

1. In comments made since 1967, the Committee has noted that under section 32 of the Civil Service Act, 1960, the President may dismiss or remove any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(1) of the Civil Service (Interim) Regulations 1960, there shall be no appeal against a decision of this sort which is taken or confirmed by the President. Accordingly, the Committee has requested that measures be taken, both as regards legal grounds for dismissal and regarding channels of appeal so as to ensure that civil servants are not discriminated against on any of the grounds covered by the Convention. For many years, the Government has reiterated that the question of civil servants' right of appeal was being studied by the Public Services Commission and the Attorney-General's Office. The Committee now notes the statement in the Government's most recent report that the Constitution is the supreme law of the country and that any other law found to be inconsistent with any provision of the Constitution shall, to the extent of the inconsistency, be void and of no effect. The Government also states that in view of the constitutional provision which safeguards the liberty of the individual, a dismissed civil servant may seek redress from the courts. The report indicates that there are cases relevant to this matter, notably those of Sallah vs. the Attorney-General 1970 (already referred to by the Government in the discussion on this matter by the Conference Committee in 1983) and Owusu Afriyie vs. State Hotels 1977. The former case concerned a civil servant (who was one of 560 dismissed public officers) whose dismissal was annulled by the court. In respect of the latter case, the report indicates only that the dismissed plaintiff sued in the High Court and won her case. In the absence of copies of the decisions cited and of any indication as to the particular terms of the constitutional provision referred to by the Government, the Committee is unable to ascertain whether dismissed civil servants are guaranteed adequate channels of appeal. The Committee recalls, in this regard, that the 1979 Constitution (which was suspended by the National Defence Council (Establishment) Proclamation 1981) was formally abrogated by section 66(1) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law. (PNDCL Law 42 of 1981.) However, even if a right of appeal were guaranteed under the Constitution, that cannot be considered to be sufficient in itself to guarantee equality of opportunity and treatment under the Convention. The problems often encountered in remedial procedures - such as the cost, the difficulties with the burden of proof, the fear of initiating proceedings alone and that of exposure to reprisals - may effectively deter many civil servants from pursuing this course. Indeed, the Committee considers it significant that apparently only one civil servant out of 560 dismissed public officials sought to bring an action before the courts. Accordingly, it is of paramount importance that the Government take steps to amend without delay section 32 of the Civil Service Act 1960 to ensure that civil servants not be subject to discrimination concerning their dismissal or removal from employment on the grounds of race, sex, religion, political opinion, national extraction or social origin. In addition, the Committee urges the Government to amend regulation 60(1) of the Civil Service (Interim) Regulations 1960 to guarantee civil servants the right of appeal in all cases of dismissal or removal from employment. 2. In its previous comments, the Committee had noted the Government's statement in its report that steps were being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee also recalled the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. The Committee notes that the Government has not provided any further information on this matter. Accordingly, the Committee recalls the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports, the action taken in pursuance of a policy to promote equality and eliminate discrimination; and hopes that the Government will provide the details called for in a direct request which the Committee is again addressing to the Government.

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

The Committee refers to its observation on the Convention.

1. The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee again hopes that the Government will soon provide full information on the following points previously raised.

(i) The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

(ii) The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

(iii) By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

2. In its previous comments, the Committee had noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It had also noted section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee had requested the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

The Committee notes the extract of the Report on the Restructuring of the Public Services Commission, supplied by the Government with its report. The Committee requests the Government to indicate whether the provisions contained in this Report have been implemented. While noting that procedures are set out in the report for the recruitment of public officials, the Committee requests the Government to provide information concerning the criteria of recruitment which, as was noted previously, are laid down by the Public Services Commission and adopted by the National Defence Council. In particular, the Committee requests the Government to indicate the conditions and criteria under which applicants may be excluded from employment pursuant to paragraph 125 of the Report, which concerns the verification of information and/or security checks on applicants. In this regard the Committee refers to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation which indicate the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.

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

1. In comments made since 1967, the Committee has noted that under section 32 of the Civil Service Act, 1960, the President may dismiss or remove any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(1) of the Civil Service (Interim) Regulations 1960, there shall be no appeal against a decision of this sort which is taken or confirmed by the President. Accordingly, the Committee has requested that measures be taken, both as regards legal grounds for dismissal and regarding channels of appeal so as to ensure that civil servants are not discriminated against on any of the grounds covered by the Convention. For many years, the Government has reiterated that the question of civil servants' right of appeal was being studied by the Public Services Commission and the Attorney-General's Office.

The Committee now notes the statement in the Government's most recent report that the Constitution is the supreme law of the country and that any other law found to be inconsistent with any provision of the Constitution shall, to the extent of the inconsistency, be void and of no effect. The Government also states that in view of the constitutional provision which safeguards the liberty of the individual, a dismissed civil servant may seek redress from the courts. The report indicates that there are cases relevant to this matter, notably those of Sallah vs. the Attorney-General 1970 (already referred to by the Government in the discussion on this matter by the Conference Committee in 1983) and Owusu Afriyie vs. State Hotels 1977. The former case concerned a civil servant (who was one of 560 dismissed public officers) whose dismissal was annulled by the court. In respect of the latter case, the report indicates only that the dismissed plaintiff sued in the High Court and won her case.

In the absence of copies of the decisions cited and of any indication as to the particular terms of the constitutional provision referred to by the Government, the Committee is unable to ascertain whether dismissed civil servants are guaranteed adequate channels of appeal. The Committee recalls, in this regard, that the 1979 Constitution (which was suspended by the National Defence Council (Establishment) Proclamation 1981) was formally abrogated by section 66(1) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law. (PNDCL Law 42 of 1981.) However, even if a right of appeal were guaranteed under the Constitution, that cannot be considered to be sufficient in itself to guarantee equality of opportunity and treatment under the Convention. The problems often encountered in remedial procedures - such as the cost, the difficulties with the burden of proof, the fear of initiating proceedings alone and that of exposure to reprisals - may effectively deter many civil servants from pursuing this course. Indeed, the Committee considers it significant that apparently only one civil servant out of 560 dismissed public officials sought to bring an action before the courts. Accordingly, it is of paramount importance that the Government take steps to amend without delay section 32 of the Civil Service Act 1960 to ensure that civil servants not be subject to discrimination concerning their dismissal or removal from employment on the grounds of race, sex, religion, political opinion, national extraction or social origin. In addition, the Committee urges the Government to amend regulation 60(1) of the Civil Service (Interim) Regulations 1960 to guarantee civil servants the right of appeal in all cases of dismissal or removal from employment.

2. In its previous comments, the Committee had noted the Government's statement in its report that steps were being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee also recalled the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. The Committee notes that the Government has not provided any further information on this matter. Accordingly, the Committee recalls the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports, the action taken in pursuance of a policy to promote equality and eliminate discrimination; and hopes that the Government will provide the details called for in a direct request which the Committee is again addressing to the Government.

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

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:

The Committee refers to its observation on the Convention.

The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee hopes that the Government will soon provide full information on the following points previously raised.

1. The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

2. The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

3. The Committee has noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It also takes note of section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee requests the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

4. By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

REPETITION

START OF REPETITION

The Committee notes the Government's report for the period ending June 1988. 1. In its previous comments, the Committee noted that under section 32 of the Civil Service Act, 1960, the President may dismiss any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(i) of the Civil Service (Interim) Regulations, 1960, there shall be no appeal against a decision of this sort taken by the President. In its report, the Government states that the issue of channels of appeal available to dismissed civil servants is still receiving due attention. The Committee wants to hope that the necessary action will be soon taken, both as regards legal grounds for dismissal and regarding channels of appeal, to ensure that no civil servant is discriminated in his employment on the basis of his race, colour, sex, religion, political opinion, national extraction or social origin, and that the Government will indicate the specific measures taken or under consideration to this end. 2. The Committee notes the Government's statement in its report that steps are being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee however previously noted the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. Recalling the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports action taken in pursuance of a policy to promote equality and eliminate discrimination, the Committee hopes that the Government will soon be able to provide the details called for in a direct request which the Committee is again addressing to the Government.