Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

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

1. In its previous comment, the Committee noted that section 13(1) of the Constitution, read together with section 13(4) and (7), excludes from the prohibition of discrimination, particular laws and certain persons. It requested information on the scope and practical application of section 13(4) and (7) of the Constitution with respect to subjects relating to equality of opportunity and treatment in employment and occupation.

With respect to section 13(4), the Committee notes from the Government's report that non-Dominicans are not precluded from public-funded training programmes but priority is given to Dominicans. It would be grateful if the Government would supply information on the type of publicly funded training courses offered, the participation levels and any effect they may have on promoting equality of opportunity in employment and occupation.

The Committee further requests the Government to indicate any cases in which discriminatory provisions on any of the grounds set out in the Convention have been made in pursuance of sections 13(4)(a) of the Constitution (law for the appropriation of public revenues or other public funds) and 13(4)(c) of the Constitution (law with respect to adoption, marriage, divorce, burial, devolution of property on death and other matters which is the personal law).

With respect to the other exclusions provided under article 13(4) and 13(7) concerning restrictions which may be considered justifiable in a democratic society and laws that provide for the restrictions authorised by the Constitution relating to freedom of expression, freedom from search, freedom of conscience, freedom of assembly or freedom of movement, the Committee once again requests the Government to provide information on the scope and practical application of these exclusions.

2. The Committee notes the Government's indication that it will give active consideration to promoting non-discrimination in the private sector in areas such as recruitment and promotion. It again requests the Government to indicate the manner in which the Convention is being applied as regards access to employment and terms and conditions of employment beyond those provisions concerning equal pay and termination of employment set out in section 24 of the Labour Standards Act and section 10(d) of the Protection of Employment Act, 1977.

3. The Committee recalls the Government's previous statement that the national policy to promote equality of opportunity and treatment in respect of employment and occupation is implemented through the monitoring by the Labour Division of agreements between employers and workers, and through the aggrieved person's access to the courts. The Committee would point out that under Article 3, paragraphs (b), (e) and (f), of the Convention the Government is required to promote educational programmes calculated to secure the acceptance and observance of the equality of opportunity and treatment policy, to ensure observance of the policy in vocational guidance, training and placement services and to report on action taken in pursuance of this policy and the results secured by such action.

The Committee again requests the Government to supply more detailed information on the general methods by which this policy is being implemented and on any affirmative action taken in practice to eliminate all kinds of discrimination based on the grounds mentioned by the Convention with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment, as provided for in the report form for the Convention, under Articles 2 and 3.

4. The Committee notes that the report contains no reply to several of its previous comments and hopes that the Government will provide the necessary information on the following points:

(a) The Committee notes that section 3 of the Pensions (Amendment) Act, 1978, concerning free secondary education for dependants of certain officials, provides that for female dependants free education shall cease upon the marriage of such dependants. Referring to paragraph 120 of its 1988 General Survey on Equality in Employment and Occupation the Committee hopes that appropriate measures will be taken to ensure equality of access to free secondary education for both male and female dependants of employed persons and to eliminate discrimination in this respect based on sex.

(b) The Committee notes that under sections 57 and 58 of the Police Regulations, 1976, "policewomen should specialise in work for which they, as women, are best suited". The Committee requests the Government to indicate whether policewomen may be employed on duties other than those mentioned in sections 57 and 58.

(c) The Committee notes the Government's reference to sections 3, 4, 5 and 6 of the State Security Act of 1984, with regard to the application of Article 4 of the Convention. It requests the Government to include in its next report particulars on the right to appeal of the persons concerned, in as far as the application of these sections of the State Security Act have a bearing on equality of opportunity and treatment in employment and occupation.

5. The Committee notes the comments submitted by the Dominica Civil Service Association (CSA) in regard to section 20 in the Labour Standards Act, No. 2 of 1977, which requires a woman, unless her employer otherwise agrees, to "use up all of the unused vacation leave with pay to which she is then entitled before commencing maternity leave". In these comments, the CSA has asserted, correctly in the view of the Committee, that such a requirement is not in conformity with the Holiday with Pay Recommendation, 1954 (No. 98), the Maternity Protection Convention, 1919 (No. 3), and the Maternity Protection (Revised) Convention, 1952 (No. 103). (The Government has not ratified either Convention.)

The Government, in its reply to the above comments, indicates that necessary action is being taken in connection with the pertinent matters raised in the comments forwarded by the CSA.

The Committee requests the Government to keep it informed of the measures taken in this regard in its reports supplied under this Convention keeping in mind that in order to promote effective equality of opportunity and treatment between men and women in employment, women should not be placed at a disadvantage in their terms and conditions of work because of their reproductive function.