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Legislation. The Committee notes the Government’s indication that a new Multi-Sectoral Committee has been established to review the National Employment Act of 1995, and that the attention of the new Committee will be drawn to the issue of direct and indirect discrimination, sexual harassment, as well as including “social origin” as an element of the definition of discrimination. The Committee urges the Government to take the opportunity of the legislative review to ensure that the new Employment Act explicitly defines and prohibits direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation, and covering all workers, as well as including provisions to prevent and prohibit sexual harassment, both quid pro quo and hostile work environment harassment. The Committee asks the Government to consider forwarding the draft revisions to the Office before their adoption, to ensure their conformity with international labour standards, including Convention No. 111. Please provide information on steps taken in this regard.
Article 2 of the Convention. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that the principle of equality of opportunity and treatment will be considered in the review of the current national employment policy and will also be an integral part of the new revised Employment Act. The Committee notes that ILO technical assistance has been requested to develop the employment policy. The Committee encourages the Government to continue its efforts to develop and implement a national equality policy, and to take the necessary steps to obtain ILO technical assistance in this regard. Please provide information on any progress made, including measures taken or envisaged to promote equality in access to vocational training, employment and occupation.
Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the National Consultative Committee on Employment (NCCE) will promote the application of the Convention. The Committee asks the Government to provide specific information on the activities undertaken by the NCCE related to the application of the Convention, and on the role of the social partners in the context of the development and implementation of the national employment policy. The Committee also asks the Government to provide information on all other initiatives or programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.
Article 3(e). Access to vocational training. Occupational segregation. The Committee recalls its previous comments noting the presence of occupational gender segregation in the labour market. The Committee observes from the statistical bulletin (October 2010) of the National Bureau of Statistics that 63.9 per cent of workers employed in the Government are women, especially in education, human health and social work activities and administrative and support services activities. The Committee asks the Government to provide information on any measures taken or envisaged to address occupational gender segregation. It particularly asks the Government to provide more information on how the Skills Development Programme and the retraining programme promote women’s access in a wider range of occupations and industries. Recalling the importance of collecting information, disaggregated by industry and occupation on the number of men and women employed both in the private and the public sector, the Committee asks the Government to provide such information in its next report.
Articles 1 and 2 of the Convention. Legislative developments. Protection from discrimination. The Committee recalls its previous comments in which it noted the discrimination provisions contained in section 46(1) of the Employment (Amendment) Act (Act 4 of 2006). It had requested the Government to indicate whether section 46(1) was intended to cover indirect discrimination and to clarify why the ground of social origin had been omitted. Noting the Government’s statement that the issues raised will be considered in the revision of the legislation in 2009, the Committee hopes that the new legislation will include an explicit prohibition of direct and indirect discrimination based on all the grounds of the Convention, including social origin.
Sexual harassment. With respect to its previous comments regarding legal protection from sexual harassment by co-workers, the Committee notes the Government’s statement that section 80(1)(a) of the Employment Act, 1995, makes employers liable to conviction for any act done by agents (employees) with the connivance of the employer. Recalling the elements defining sexual harassment set out in its 2002 general observation on the issue, the Committee asks the Government whether section 80(1)(a) covers both quid pro quo as well as hostile environment sexual harassment, and to indicate how persons are protected against acts of sexual harassment by co-workers without the connivance of their employer. Please also indicate the remedies available to victims of sexual harassment.
Articles 2 and 3. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee refers to its previous direct requests regarding the elements that should be contained in a national policy on equality. Noting that the Government intends to commence discussions with the social partners on a national policy on equality of opportunity and treatment, which should be in place by mid-2009, the Committee hopes that the Government will be in a position to provide full information on the contents and the implementation of its policy in its next report.
Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that new activities have been undertaken with the social partners to promote the application of the Convention. The Committee hopes that, in the context of the discussions on the formulation of the national policy, proactive measures to encourage employers and workers to promote equality at the workplace will be considered, as well as means through which the National Consultative Committee can promote the application of the Convention.
Part V of the report form. The Committee notes the employment and labour market statistics for 2008. It notes that while the total number of female and male active jobseekers is more or less the same, female active jobseekers are primarily concentrated in the clerical and services occupational groups and to a lesser extent in the occupational group of professionals, while more than 75 per cent of the male active jobseekers are found in production. Most of the vacancies are registered for service and production workers in the hotel and restaurant industry and for production workers in the construction industry. Most job placements were in the occupational group of “production workers”, with a majority of them women. A high number of female job placements can also be found for service workers in the public sector. With respect to skills training, women constituted 89.8 per cent of the total placements. While men and women can be found in all occupational groups and industries, the Committee must observe that occupational gender segregation of the labour market exists both in respect of vacancies and active jobseekers. The Committee asks the Government to indicate the measures taken to address occupational segregation of men and women and to promote women’s access in a wider range of occupations and industries. Please also provide information on the type of vocational training courses in which women and men are respectively enrolled, as well as on the type of skills training that has been provided to women placed in the Skills Acquisition Programme and districts projects.
1. Article 1 and 2 of the Convention. Legislative developments. Protection from discrimination. The Committee notes that the Employment (Amendment) Act (Act 4 of 2006) introduces non-discrimination provisions into the Employment Act 1995. Section 46(1) of the Act, as amended, provides that “where an employer makes an employment decision against a worker on the ground of the worker’s age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual or political orientation, trade union or other association, the worker may make a complaint to the Chief Executive stating all relevant particulars”.
2. The Committee recalls that the Convention aims at the elimination of direct and indirect discrimination. Indirect discrimination occurs “when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of certain characteristics, such as race, colour, sex, religion, and is not closely related to the inherent requirements of the jobs” (see the Committee’s Special Survey on Equality of Opportunity and Treatment, 1996, paragraph 26). The Committee requests the Government to indicate whether section 46A(1) is intended to provide protection not only from direct but also from indirect discrimination. Noting that this provision does not cover discrimination based on social origin, which is one of the grounds listed in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate the reasons for this omission. It requests the Government to consider including in the legislation an explicit prohibition of direct and indirect discrimination, including discrimination on the ground of social origin.
3. Sexual harassment. The Committee notes that section 46B of Employment Act, 1995, as amended in 2006, provides that “an employer shall not commit any act of harassment against a worker”. The Committee notes that the term “harassment” as defined in section 2 appears broad enough to cover acts or conduct of a sexual nature, although the provision refers more generally to harassment on the ground of gender and other grounds. Noting the definition of “employer” in section 2 of the Act, the Committee requests the Government to indicate whether any protection is available from sexual harassment done by co-workers. Please also indicate the remedies available to victims of sexual harassment.
4. Articles 2 and 3. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee recalls that the Government previously indicated that it would consider the adoption of a non-discrimination and equality policy as soon as the Employment Act had been revised. The Committee notes that a national policy in accordance with Articles 2 and 3 of the Convention should, in addition to legislative measures, also provide for concrete and practical measures to address existing inequalities, for example, through promoting and ensuring equal access to training, vocational guidance and employment services, and awareness raising on discrimination and equality issues. It could also entail proactive measures to encourage employers to promote equality at the workplace. The Committee requests the Government to indicate any progress made in formulating and implementing a national policy in accordance with Articles 2 and 3.
5. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government’s report, in respect to this provision of the Convention, refers to section 72A of the Employment Act 1995, as amended, which provides for the establishment of a tripartite National Consultative Committee. The Committee requests the Government to indicate any activities or initiatives of the National Consultative Committee promoting the application of the Convention.
6. Part V of the report form. Practical information on application. The Committee emphasizes the importance of assessing information indicating the practical application of the Convention, including statistical information. In this regard, the Committee requests the Government to provide information on the following:
n statistical information on the participation of men and women in the labour market (public and private sectors), as far as possible by occupation and levels of responsibility;
n statistical information on the number of men and women participating in the various types of training courses and apprenticeships;
n information on any employment discrimination cases in the private or public sector addressed by the competent authorities, including information on any complaints brought under section 46A and 46B of the Employment Act.
1. Article 1(1)(a) of the Convention. Legislative protection against discrimination and sexual harassment. Further to its 2002 observation on sexual harassment and with reference to its previous comments regarding the absence of legislation explicitly prohibiting discrimination in employment and occupation, the Committee notes the Government’s statement that the Employment Act of 1995 is being revised in order to ensure the prohibition of discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin; in addition, the Government indicates that the scope of the new legislation will cover all points raised in the 2002 general observation. The Committee hopes that the new Employment Act will provide adequate protection from direct and indirect discrimination at all stages of the employment process, and asks the Government to keep it informed of the progress made in this regard.
2. Article 2. Formulation and implementation of national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that to date there is no non-discrimination or equality policy and that the matter will be considered as soon as the Employment Act has been revised. The Committee reminds the Government that, in addition to the adoption of legislation protecting against discrimination, the adoption and implementation of a policy on equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. It hopes that the Government will soon be able to take active steps to ensure the promotion of equality of employment and occupation in law and in practice on all grounds listed in the Convention and requests the Government to keep it informed of any developments in this regard.
3. Article 3(a). Cooperation with the social partners and any other relevant bodies. In absence of any information on this point, the Committee reiterates its previous request to the Government to provide information on the measures taken to obtain the participation of employers’ and workers’ organizations or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.
4. Article 3(d). Access to the public service. The Committee takes note of the Government’s explanations regarding the recruitment procedure under the Public Service Order. However, the Government’s report does not provide any information on how the principle of equality is ensured with respect to the other stages of the employment process, including promotion, terms and conditions of employment, and termination of employment in the public service. In order to be fully able to assess how the principle of equality in employment and occupation is applied in the public service, the Committee asks the Government to provide statistical information on the distribution of men and women in different occupations of the public service, as well as on the implementation of the principle of the Convention in other stages of the employment process.
5. Article 3(e). Access to vocational training. With regard to its previous comments on the application of the principle of equality in access to vocational training, the Committee notes the Government’s statement that its training policy places people at the heart of development and provides learning opportunities through a variety of programmes without discrimination. However, in the absence of any further information on the content and type of the training courses and apprenticeship programmes being held, and the distribution of men and women in these courses and programmes, it is difficult to determine whether inequalities or exclusion of candidates may possibly occur on the grounds referred to in the Convention. The Committee asks the Government to supply, in its next report, any information available, disaggregated by sex, on the participation of men and women in the various training courses and apprenticeships, and the results achieved. Please also provide information on how the Centre for Skills Development of the Employment Department and the National Vocational Training Board are ensuring that no direct and indirect discrimination occurs in the training and apprenticeship schemes.
6. Enforcement. The Committee notes the Government’s statement that the grievance procedure under section 64 of the Employment Act applies to disputes concerning allegations of discrimination in employment and occupation. The Government further indicates that cases of discrimination in the public sector are dealt with by the Ministry of Administration and Manpower Development or the Public Service Appeals Board. Please provide information on the number and the nature of the disputes and claims alleging employment discrimination brought under the abovementioned grievance procedure, or to the Ministry of Administration and Manpower Development or the Public Service Appeals Board, including information on their outcome. The Committee also reiterates its request to the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way.
7. The Committee reiterates its request to the Government to provide information on cases in which a person has been considered to be engaged in activities prejudicial to the security of the state.
8. Part V of the report form. Practical information on application. The Committee reiterates its request to the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibilities.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Article 1 of the Convention. The Committee notes that article 27(1) and (2) of the Constitution guarantees the right to equal protection of the law. The Committee notes that the Employment Act, 1995, regulates terms and conditions of employment, but that it does not prohibit discrimination nor does it require equality in employment and occupation. The Committee therefore invites the Government to consider amending its legislation to prohibit explicitly discrimination in employment and occupation. It also requests the Government to provide information with its next report on any other measure adopted or envisaged to prohibit discrimination in employment and occupation on the grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.
2. Article 2. The Committee notes from the Government’s statement that it has not adopted a non-discrimination or equality policy, but notes that it refers to an employment policy, of which it omitted to provide a copy to the Office. The Committee therefore requests the Government to provide a copy of the employment policy with its next report. The Committee also requests the Government to indicate in its next report any further measures, including programmes and projects, that it has taken to declare and pursue a policy with a view to eliminating discrimination in employment and occupation, and particularly in terms and conditions of employment, for all workers on the basis of the grounds set out in the Convention. It also requests the Government to provide information on activities carried out by different institutions to promote and pursue the policy of equality in employment and occupation.
3. With respect to access to vocational training, the Committee notes the Government’s statement that it promotes integration of educational and vocational training programmes without any form of discrimination and that employers are obliged under the employment policy to train employees. The Committee requests the Government to provide detailed information on these training programmes, and particularly on how the principle of equality is being implemented in respect of access to vocational training. The Committee also notes that under section 28(1) and (2) of the Employment Act, 1995, the National Vocational Training Board, in collaboration with public or private organizations, shall promote, develop and organize training and apprenticeship schemes section. The Committee requests the Government to provide information with its next report respecting the role played by the National Vocational Training Board in promoting the principle of equality in training and apprenticeship schemes.
4. The Committee requests the Government to provide information with its next report on how the principle of equality in employment and occupation is implemented in the public sector with regard to recruitment, promotion, terms and conditions of employment and termination of employment.
5. The Committee asks the Government to provide information on the measures taken to obtain the cooperation of the social partners or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.
6. The Committee notes the Government’s statement that under section 64 of the Employment Act, 1995, workers may have recourse to a grievance procedure. The Committee requests the Government to clarify whether this procedure is applicable to disputes concerning allegations of discrimination in employment and occupation and, if not, to indicate the procedure that exists in the event of such disputes. The Committee also requests the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, 1995, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way. The Committee also requests information on the procedures available for bringing discrimination claims in the public sector, together with information on any claims that have been made and on their outcome.
7. Article 4. The Committee notes the Government’s statement that any person who is suspected of or engaged in activities prejudicial to the security of the State will have their employment terminated on grounds of gross misconduct. It also notes the statement that such a person has the right to appeal to either the Ombudsman or the Public Service Appeals Board. The Committee requests the Government to provide information in future reports of cases in which a person has been considered to be engaged in activities prejudicial to the security of the State.
8. The Committee requests the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibility.
The Committee notes the information contained in the Government’s first report.