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

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - San Vicente y las Granadinas (Ratificación : 2001)

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Observación

Solicitud directa

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Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed 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 continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:

(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 with respect to all aspects of employment and occupation; and
(ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see 2012 General Survey, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.

Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy in its next report.

Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.

Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government 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 this regard.

Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes with interest the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information in its next report regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.

Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide more information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again 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 (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government 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 careers.

The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate 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, including top management positions, within the public sector.

Part III of the report form. Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again 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 periodic reports of the labour inspectorate on its activities relating to equality.

Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, 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 and, if need be, to avail itself of ILO technical assistance.