Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes with regret that for the sixth consecutive time 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 following matters raised in its previous direct request:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to promote the elimination of discrimination in employment and occupation based on social origin.

(b) The Committee asks the Government to indicate the measures taken to ensure that the exceptions in article 13 of the Constitution are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which related in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee has in the past noted the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76-123 of the Committee's 1988 General Survey on equality in employment and occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the abovementioned substantive fields.

4. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

5. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

6. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

7. Please provide the information requested in Parts III, IV and V of the report form on the practical application of the Convention.