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

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

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

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

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

National extraction and social origin. The Committee notes the Government’s indication that it has no intention of adding the grounds of national extraction and social origin as prohibited grounds in the national legislation. The Government also states that discrimination based on social origin is not a major issue. The Committee wishes to remind the Government that, while the concept of social origin may not at present appear relevant in the national context, new forms of discrimination may emerge over time due to labour market and societal changes. The Committee further recalls that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey of 1988 on equality in employment and occupation, paragraph 58). The Committee asks the Government to take concrete steps to include an explicit reference to the grounds of national extraction and social origin in the legislation, in accordance with Article 1(1)(a) of the Convention. It also asks the Government to monitor carefully any emerging forms of discrimination in law and in practice that may result in or lead to discrimination in employment and occupation on the basis of social origin and national extraction.

Non-nationals. The Committee recalls its previous comments concerning the lack of protection of the immigrant population against discrimination in employment and occupation on the grounds set out in the Convention. The Committee notes from the Government’s report that apparently only non-nationals with legal status in the country benefit from the protection offered by the Convention. The Committee recalls that all non-citizens, independent of their legal status, are covered by the Convention. The Committee asks the Government to amend its legislation so as to ensure that the whole immigrant population, independent of their legal status, is protected against discrimination based on any of the grounds prohibited by the Convention, that is race, colour, sex, religion, national extraction, political opinion and social origin. The Committee further encourages the Government to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Promoting equality between men and women in employment and occupation. The Committee notes the brief information in the Government’s report regarding measures taken to improve women’s employment opportunities and education, including courses offered to them in pastry making, art and craft, bakery and interior decorating. It also notes that the Gender Affairs Department is now linked with the Ministry of Education. The Committee draws the attention of the Government to the fact that stereotyped assumptions regarding women’s ambitions and capabilities, as well as their suitability for certain jobs, often lead to occupational segregation of men and women in education and training and consequently in the labour market. The Committee therefore asks the Government to indicate to what extent the courses offered to women have helped them to find jobs with further career opportunities on an equal basis with men. It also asks the Government to provide information on any other initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men, and to supply statistical data, disaggregated by sex, on the participation on men and women in the various training courses offered.

Public sector. The Committee notes the Government’s statement that the categories of workers excluded from section A6(2) of the Labour Code are protected by the non-discrimination provisions in the Constitution. The Committee asks the Government to provide information on any practical measures taken to protect civil servants, persons in the naval, military or air force, the police force and persons holding diplomatic status, against discrimination as well as measures to promote their equal opportunities.

Statistics. The Committee recalls the importance of collecting statistical data, disaggregated by sex, and where available, also on other grounds, for assessing the extent of the progress made in the application of the Convention. Noting once again the absence of such data in the Government’s report, the Committee asks the Government to make every effort to collect and supply at least comprehensive and relevant data on employment of men and women in the various sectors and occupations of the public and private sectors.

Part V of the report form. The Committee reiterates its request for detailed information on the measures that are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

National extraction and social origin. The Committee notes the Government’s very brief report in which it states that efforts will be made to bring the national legislation into conformity with the Convention taking into account the Committee’s comments concerning discrimination based on national extraction and social origin, which is currently not expressly banned in the Constitution and the national legislation. The Committee hopes that the Government will now be able to add the grounds of national extraction and social origin to those in the Labour Code as prohibited grounds of discrimination, and asks the Government to keep it informed of any progress made in this regard. Please also indicate the manner in which workers are protected from discrimination based on national extraction and social origin in practice.

Protection against discrimination of non-citizens. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/ATG/CO/9, 11 April 2007) expressing concern that the de facto segregation of the immigrant population may result from private practices and certain economic and social conditions. Furthermore, the Committee notes that, according to article 14 of the Constitution, the prohibition of non-discrimination ”shall not apply to any law so far as the law makes provisions with respect to persons who are non-citizens”. The Committee recalls that the protection against discrimination in employment and occupation provided by the Convention protects citizens and non-citizens. The Committee asks the Government to indicate the measures taken to ensure that the immigrant population is protected against discrimination on the grounds contained in the Convention, and how it is ensured that non-citizens fully benefit from the rights derived from the Convention. The Committee encourages the Government to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Articles 1 and 2 of the Convention. The Committee recalls its previous comments in which it reminded the Government that the banning of discrimination is generally insufficient to eliminate it in practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the strategic plan of 2001 developed by the Gender Affairs Department, and on whether the Government has taken, or envisages to take, any further or new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

Public sector. The Committee recalls the Government’s statement that the categories of workers excluded by section A6(2) of the Labour Code (established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status) are covered by the Civil Service Act and Civil Service Regulations. The Committee notes, however, that the Civil Service Act does not expressly protect civil service employees against discrimination on the grounds provided by the Convention. It also notes that the Minister can adopt regulations prescribing the terms and conditions of employment of the civil service. The Committee recalls the Government’s obligation to protect all categories of workers against discrimination in employment and occupation. It urges the Government to provide information on the manner in which civil servants, persons in the naval military or air force, the police force and persons holding diplomatic status are protected against discrimination in employment and occupation. Please also provide copies of any Civil Service Regulations concerning terms and conditions of employment.

Statistics. Once again, the Committee must reiterate its request to the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

Part IV of the report form. In the absence of any information on this point, the Committee asks the Government to supply information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcome. Once again, it requests the Government to provide detailed information on the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since “there is already adequate machinery in place as to equal pay, by practice and by law”. The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Statistics. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. National extraction and social origin. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. Public sector. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. Part IV of the report form. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since “there is already adequate machinery in place as to equal pay, by practice and by law”. The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Statistics. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. National extraction and social origin. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. Public sector. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. Part IV of the report form. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

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. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

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 notes the information provided by the Government in its brief report.

1. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

The Committee notes the information provided by the Government in its brief report.

1. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government’s brief report for 2000 is merely a replica of its 1995 report. It regrets this lack of response on the part of the Government and urges it to engage in a meaningful dialogue with the Committee. While the Government’s failure to reply to the Committee’s requests for information could be interpreted as an indication that no positive action or progress had been made over the past six years with regard to the application of the Convention, the Committee notes from other sources of information that positive measures have in fact been taken by the Government. The Committee particularly refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (A/52/38/Rev.1, Part II, paragraph 231, 16 July 1997), in which the Government indicated several relevant legal reforms, including the adoption of the Sexual Offences Act, 1995, and the Maintenance Act.

2. The Committee notes from the concluding observations of the CEDAW that the Directorate of Women’s Affairs is responsible for promoting the social, political and economic interests of women and their development and that, pursuant to the Beijing Platform for Action, the Directorate had identified as priority areas of concern the elimination of violence against women, education and training, the eradication of poverty, the encouragement of more women to become involved with the decision-making process and the expansion of health programmes directed at women (A/52/38/Rev.1, Part II, paragraph 230). The Committee also notes the Directorate’s plans to mainstream gender in all government departments and ministries and its formulation of a revised national Plan of Action for Gender Affairs (ibid.). It notes the Government’s indication to the CEDAW that, over the past decade, the Directorate has done much to promote income-generation activities for women, although the jobs for which these women are trained are still traditionally female-oriented ones (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It requests the Government to supply a copy of the national Plan of Action formulated by the Directorate, as well as to provide information on the specific activities undertaken by that body, particularly with regard to promoting women’s participation in the labour market. The Committee also requests the Government to indicate whether any measures have been taken or are contemplated to promote women’s access to non-traditional occupations.

3. The Committee notes from the Government’s report to the CEDAW that, while women outnumber men in the public sector, male public sector employees "climb the ladder of success much more quickly than women" (CEDAW/C/ANT/1 3, page 24, 26 September 1995). It would appreciate receiving information, including statistical data, disaggregated by sex, indicating the numbers of men and women in the different sectors and at the different levels of the public service, and if it would indicate the measures taken or contemplated to promote women’s equal access to training and to higher-level positions in the public sector.

4. The Committee had previously noted the Government’s indication to the CEDAW that it was considering drafting equal opportunity and equal pay legislation, and asks the Government to indicate whether such legislation has in fact been drafted. If so, the Committee requests the Government to indicate the anticipated date of its adoption and to supply a copy of the legislation upon adoption.

5. The Committee once again asks the Government to supply concrete information on the number of cases of alleged discrimination reported to the Labour Commissioner during the reporting period, indicating the nature of the discrimination alleged in each case, and the outcomes. Please also provide detailed information on the nature of the measures that the Government indicates are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

6. Referring to its previous comments on article 14 of the Constitution, the Committee notes the Government’s statement that all workers are covered by the principle of non-discrimination set forth in the Labour Code, including non-nationals who have obtained the necessary work permits. The Committee also notes from the report that the definition of "employee" contained in the Labour Code does not discriminate between employees on the basis of nationality.

7. The Committee had previously noted that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval, military or air forces of the Government, the police force and persons holding diplomatic status. In its earlier comments, the Committee had requested the Government to indicate the manner in which the principle of non-discrimination is applied to these categories of workers. The report indicates that the Civil Service Act, 1984, and the Civil Service Regulations, 1993, address the Committee’s concerns regarding established employees of the Government. Noting that copies of these texts have not been supplied, the Committee once again requests the Government to provide them. It also repeats its request for information on the manner in which the other categories of workers excluded from coverage under the Labour Code are protected against discrimination in employment and occupation.

8. Article 4 of the Convention provides that "any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice". In its previous comments, the Committee noted the Government’s indication that sections B5, B6 and B7 of the Labour Code provide for the right of appeal contemplated in Article 4 of the Convention and that the provisions cited refer to the powers and responsibilities of the Labour Commissioner, Ministry of Labour and the National Labour Board. In this context, the Committee requests the Government to supply specific information in future on any cases brought under these sections.

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

1.  The Committee notes that the Government’s brief report for 2000 is merely a replica of its 1995 report. It regrets this lack of response on the part of the Government and urges it to engage in a meaningful dialogue with the Committee. While the Government’s failure to reply to the Committee’s requests for information could be interpreted as an indication that no positive action or progress had been made over the past six years with regard to the application of the Convention, the Committee notes from other sources of information that positive measures have in fact been taken by the Government. The Committee particularly refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (A/52/38/Rev.1, Part II, paragraph 231, 16 July 1997), in which the Government indicated several relevant legal reforms, including the adoption of the Sexual Offences Act, 1995, and the Maintenance Act.

2.  The Committee notes from the concluding observations of the CEDAW that the Directorate of Women’s Affairs is responsible for promoting the social, political and economic interests of women and their development and that, pursuant to the Beijing Platform for Action, the Directorate had identified as priority areas of concern the elimination of violence against women, education and training, the eradication of poverty, the encouragement of more women to become involved with the decision-making process and the expansion of health programmes directed at women (A/52/38/Rev.1, Part II, paragraph 230). The Committee also notes the Directorate’s plans to mainstream gender in all government departments and ministries and its formulation of a revised national Plan of Action for Gender Affairs (ibid.). It notes the Government’s indication to the CEDAW that, over the past decade, the Directorate has done much to promote income-generation activities for women, although the jobs for which these women are trained are still traditionally female-oriented ones (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It requests the Government to supply a copy of the national Plan of Action formulated by the Directorate, as well as to provide information on the specific activities undertaken by that body, particularly with regard to promoting women’s participation in the labour market. The Committee also requests the Government to indicate whether any measures have been taken or are contemplated to promote women’s access to non-traditional occupations.

3.  The Committee notes from the Government’s report to the CEDAW that, while women outnumber men in the public sector, male public sector employees "climb the ladder of success much more quickly than women" (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It would appreciate receiving information, including statistical data, disaggregated by sex, indicating the numbers of men and women in the different sectors and at the different levels of the public service, and if it would indicate the measures taken or contemplated to promote women’s equal access to training and to higher-level positions in the public sector.

4.  The Committee had previously noted the Government’s indication to the CEDAW that it was considering drafting equal opportunity and equal pay legislation, and asks the Government to indicate whether such legislation has in fact been drafted. If so, the Committee requests the Government to indicate the anticipated date of its adoption and to supply a copy of the legislation upon adoption.

5.  The Committee once again asks the Government to supply concrete information on the number of cases of alleged discrimination reported to the Labour Commissioner during the reporting period, indicating the nature of the discrimination alleged in each case, and the outcomes. Please also provide detailed information on the nature of the measures that the Government indicates are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

6.  Referring to its previous comments on article 14 of the Constitution, the Committee notes the Government’s statement that all workers are covered by the principle of non-discrimination set forth in the Labour Code, including non-nationals who have obtained the necessary work permits. The Committee also notes from the report that the definition of "employee" contained in the Labour Code does not discriminate between employees on the basis of nationality.

7.  The Committee had previously noted that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval, military or air forces of the Government, the police force and persons holding diplomatic status. In its earlier comments, the Committee had requested the Government to indicate the manner in which the principle of non-discrimination is applied to these categories of workers. The report indicates that the Civil Service Act, 1984, and the Civil Service Regulations, 1993, address the Committee’s concerns regarding established employees of the Government. Noting that copies of these texts have not been supplied, the Committee once again requests the Government to provide them. It also repeats its request for information on the manner in which the other categories of workers excluded from coverage under the Labour Code are protected against discrimination in employment and occupation.

8.  Article 4 of the Convention provides that "any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice". In its previous comments, the Committee noted the Government’s indication that sections B5, B6 and B7 of the Labour Code provide for the right of appeal contemplated in Article 4 of the Convention and that the provisions cited refer to the powers and responsibilities of the Labour Commissioner, Ministry of Labour and the National Labour Board. In this context, the Committee requests the Government to supply specific information in future on any cases brought under these sections.

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:

The Committee notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (A/52/38/Rev.1, Part II, para. 231, 16 July 1997) regarding the Government's report on the application of CEDAW that the Government is giving consideration to the drafting of equal opportunity and equal pay legislation. The Committee hopes that the legislation will be drafted in conformity with the provisions of the Convention and that it will take into consideration the CARICOM Model Law on Equal Opportunity and Treatment in Employment and Occupation, adopted in 1995, by the CARICOM Ministers of Labour. Noting 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. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

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

The Committee notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (A/52/38/Rev.1, Part II, para. 231, 16 July 1997) regarding the Government's report on the application of CEDAW that the Government is giving consideration to the drafting of equal opportunity and equal pay legislation. The Committee hopes that the legislation will be drafted in conformity with the provisions of the Convention and that it will take into consideration the CARICOM Model Law on Equal Opportunity and Treatment in Employment and Occupation, adopted in 1995, by the CARICOM Ministers of Labour. Noting 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. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

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

1. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that although the grounds of "national extraction" and "social origin" are not expressly included in the Constitution and the Labour Code as grounds upon which discrimination is prohibited, no discrimination on such grounds could take place. The Committee requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited. In the meantime, it requests the Government to continue to indicate the manner in which workers are protected from discrimination for such reasons in practice.

2. The Committee notes from the Government's report that no measures have been taken to ensure that non-nationals are protected against discrimination in accordance with the provisions of the Convention. As the Committee previously pointed out, the Convention covers both nationals and non-nationals in respect of prohibiting discrimination in employment and occupation on the grounds set out in Article 1, paragraph 1. It therefore requests the Government to consider taking measures to ensure application of the Convention to non-nationals as well as nationals.

3. Noting from the Government's report that there is no legal provision governing the principle of non-discrimination for established employees of the Government, members of the armed forces, the police force or persons holding diplomatic status, as they are exempted from the provisions of the Labour Code pursuant to section A6(1) and (2), the Committee requests the Government to indicate the measures it intends to take to ensure that these categories of workers are protected against discrimination in their employment. It also requests the Government to provide copies of any relevant regulations or personnel policies covering such employees, as well as statistics on the number of employees contained in the above listed categories.

4. Article 3(a). The Committee would be grateful if the Government would continue to keep it informed in future reports of any action taken by the national tripartite committee, to which the Government refers in its report, or by the National Labour Board on developments in legislation or national policy on matters relating to discrimination and the promotion of equality.

5. Article 3(e). Please provide information on how observance of the principle of non-discrimination on all the grounds set out in the Convention is assured by the Government in relation to vocational guidance and training, and placement services.

6. Article 4. Referring to article 14(5) of the Constitution, the Committee once again requests the Government to indicate the procedural safeguards which exist to guarantee a person the right of appeal based on the application of this provision. It would also be grateful if the Government would provide information on the manner in which this article has been applied in practice.

7. Article 5. The Committee requests the Government to provide information describing the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to article 14(4)(c) of the Constitution.

8. Practical application. The Committee requests the Government to provide information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in vocational guidance, access to vocational training, placement services, access to employment and particular occupations, terms and conditions of employment and security of employment.

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

The Committee notes the information contained in the Government's report. It requests the Government to provide information on the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that although the grounds of "national extraction" and "social origin" are not expressly included in the Constitution and the Labour Code as grounds upon which discrimination is prohibited, no discrimination on such grounds could take place. The Committee requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited. In the meantime, it requests the Government to continue to indicate the manner in which workers are protected from discrimination for such reasons in practice.

2. The Committee notes from the Government's report that no measures have been taken to ensure that non-nationals are protected against discrimination in accordance with the provisions of the Convention. As the Committee previously pointed out, the Convention covers both nationals and non-nations in respect of prohibiting discrimination in employment and occupation on the grounds set out in Article 1, paragraph 1. It therefore requests the Government to consider taking measures to ensure application of the Convention to non-nationals as well as nationals.

3. Noting from the Government's report that there is no legal provision governing the principle of non-discrimination for established employees of the Government, members of the armed forces, the police force or persons holding diplomatic status, as they are exempted from the provisions of the Labour Code pursuant to section A6(1) and (2), the Committee requests the Government to indicate the measures it intends to take to ensure that these categories of workers are protected against discrimination in their employment. It also requests the Government to provide copies of any relevant regulations or personnel policies covering such employees, as well as statistics on the number of employees contained in the above listed categories.

4. Article 3(a). The Committee would be grateful if the Government would continue to keep it informed in future reports of any action taken by the national tripartite committee, to which the Government refers in its report, or by the National Labour Board on developments in legislation or national policy on matters relating to discrimination and the promotion of equality.

5. Article 3(e). Please provide information on how observance of the principle of non-discrimination on all the grounds set out in the Convention is assured by the Government in relation to vocational guidance and training, and placement services.

6. Article 4. Referring to article 14(5) of the Constitution, the Committee once again requests the Government to indicate the procedural safeguards which exist to guarantee a person the right of appeal based on the application of this provision. It would also be grateful if the Government would provide information on the manner in which this article has been applied in practice.

7. Article 5. The Committee requests the Government to provide information describing the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to article 14(4)(c) of the Constitution.

8. Practical application. The Committee requests the Government to provide information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in vocational guidance, access to vocational training, placement services, access to employment and particular occupations, terms and conditions of employment and security of employment.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the cooperation of employers' and workers' organizations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organizations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.

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

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. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the cooperation of employers' and workers' organisations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organisations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.

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

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. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the co-operation of employers' and workers' organisations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organisations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.

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

The Committee notes the Government's first and subsequent reports, covering the period from 1 July 1984 to 30 June 1988. It requests the Government to provide additional information on the application of the Convention in the following respects:

1. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the co-operation of employers' and workers' organisations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organisations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.