Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Legislative developments. The Committee notes from the Government’s report that the new Constitution, adopted by the National Assembly on 3 September 2009, was rejected by a referendum held on 25 November 2009. Recalling its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and the Government’s intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee urges the Government to take the necessary measures to ensure an effective legislative framework, protecting workers against discrimination, and to provide information of progress made in this regard. The Committee strongly encourages the Government to take into consideration the following:

(i)    the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention, including national extraction and social origin, and with respect to all aspects of employment and occupation;

(ii)   other prohibited grounds could be added pursuant to Article 1(1)(b) of the Convention and, in this context, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), stating that real or perceived HIV status should not be a ground for discrimination preventing the recruitment or continued employment, or the pursuit of equal opportunities (paragraph 10); and

(iii)  the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on article 21(2) of the new Constitution providing equality in access to education and vocational training, as well as equality of opportunity in respect of employment, remuneration and promotion. Noting that the new Constitution has been rejected, the Committee asks the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation. Moreover, it requests the Government to provide information on any measures taken or envisaged to implement, in practice, the principle of equality of opportunity and treatment between men and women.

The Committee notes with regret that the Government’s brief report does not reply to some matters raised in the Committee’s previous comments. The Committee hopes the Government will be able to provide full information in its next report on the points from its previous direct request, which read, in relevant parts, as follows:

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Sexual harassment. The Committee notes that there are no legislative, regulatory or other provisions designed to prohibit and eliminate sexual harassment in the workplace. As the Committee emphasized in its 2002 general observation on this form of sex discrimination, sexual harassment undermines equality at work by calling into question the integrity, dignity and well-being of workers, and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Taking into account the gravity of this practice and its repercussions, the Committee requests the Government to consider taking measures so that provisions are introduced into the national legislation which define sexual harassment in the workplace, covering both quid pro quo and hostile working environment harassment, and prohibit and address this type of discrimination. The Government is requested to provide information on any progress made with regard to the definition, prevention and elimination of sexual harassment at work, and to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in that regard.

Articles 2 and 3(a). National policy and cooperation with the social partners. In reply to the Committee’s previous comments concerning the lack of a national policy on equality, the Government once again indicates that no progress has been made in this regard, but points out that consultations are envisaged between the Department of Labour and the employers’ and workers’ representatives on this matter in the coming months. The Committee would like to emphasize that it is not sufficient to prohibit all kinds of discrimination and that specific action must also be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (see General Survey of 1996 on equality in employment and occupation, paragraph 279). Moreover, as the Committee indicated in its 1988 General Survey on this Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied, presupposing state implementation of appropriate measures according to the principles outlined in Articles 2 and 3 of the Convention and Paragraph 2 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee urges the Government to take appropriate measures to declare and pursue a national policy designed to promote equality of opportunity and treatment in order to eliminate any form of discrimination in employment and occupation, in both the private and public sectors. The Government is requested to provide information on the progress made in this regard, including, in particular, regarding cooperation with the social partners in promoting the acceptance and observance of this policy.

Article 3(d). Protection against discrimination in the public sector. The Committee notes that the regulations governing the recruitment and conditions of employment of public servants do not contain provisions prohibiting discrimination and that the Government indicates that the appointment and promotion of public servants are based on professional performance and length of service. The Committee requests the Government to take measures to ensure the protection of public servants against any discrimination not only on the basis of sex, but also on all the other grounds listed in the Convention. The Government is also requested to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants not only in the process of their recruitment, but also throughout their career.

The Committee notes the statistics, disaggregated by sex, concerning the training and promotion of certain public servants, provided by the Government. It notes, however, that the statistics provided do not allow an evaluation of the situation of women in the public service, particularly with regard to their recruitment and promotion to high-level posts or to posts with career prospects. Furthermore, with regard to participation in professional training within colleges for nurses, teachers and police officers in recent years, it notes a persistent gender segregation according to profession, with women being far more numerous in colleges training nurses and teachers. The Committee requests the Government to provide information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations within the public sector.

Access of women to education and vocational training. Referring to its previous comments, the Committee notes that the Government indicates that the national policy on equality in vocational training has still not been adopted. Furthermore, the Committee understands that a draft law on education is currently being examined and would like to draw the Government’s attention to the fact that “social origin” is not included among the prohibited grounds of discrimination listed in section 27(3) of this draft. The Committee hopes that the Government will be able to report progress in the near future with regard to the adoption and implementation of a policy and programmes aimed at improving the access of women to vocational training and education. It asks the Government to indicate whether the draft law on education has been adopted and, if so, to provide a copy.

Part III of the report form. Labour inspection. The Committee notes that, according to the Government, the labour inspectorate’s activities are relatively limited, but that it is envisaged to improve the operation of this institution. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the labour inspectorate’s reports on its activities relating to equality.

Statistics. The Committee once again requests the Government to provide in its next report the statistics available, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility.