Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Repetition

Discrimination on the grounds of race, colour and national extraction. In the absence of a reply from the Government on this point and in light of concerns expressed regarding racism in the country, the Committee once again urges the Government to make every effort to collect, analyse (through studies or otherwise) and supply information, including statistics, on the labour market situation of the different groups protected under the Convention, and the action undertaken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction and eliminate discrimination in employment and occupation based on these grounds.

Articles 2 and 3 of the Convention. National policy to promote gender equality. The Committee recalls the significant occupational gender segregation, with women being confined primarily to a limited range of occupations, and previous indications by the Government that a national gender policy was being drafted through an inclusive consultative approach. The Committee urges the Government to provide detailed information on the outcome of the consultations and the status of the national gender policy, on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

Enforcement. The Committee notes that the Employment Rights Act (Part III) establishes the Employment Rights Tribunal which can receive complaints in respect of unfair dismissal (section 32) and issue orders for reinstatement or re-engagement or make awards for compensation (section 33(2)(a)–(b) and (5)). It further notes the Government’s indication that there have been no cases of discrimination reported, as defined in Article 1(1)(a) of the Convention, based on race, colour, sex, religion, political opinion, national extraction or social origin in Barbados. The Government also states that inspection results showed that companies operated within the law and observed the relevant legislation. The Committee draws the Government’s attention to the fact that, where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee requests the Government to provide information on any other measures taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide the texts of relevant decisions of the courts and the Employment Rights Tribunal, involving issues relating to the principle of the Convention. The Committee asks the Government to consider collecting and publishing information on the nature and outcome of discrimination complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, in order to examine the effectiveness of the procedures and mechanisms, and to report on any steps taken in this regard.