Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

1.  The Committee notes that the Government’s brief report for 2000 is merely a replica of its 1995 report. It regrets this lack of response on the part of the Government and urges it to engage in a meaningful dialogue with the Committee. While the Government’s failure to reply to the Committee’s requests for information could be interpreted as an indication that no positive action or progress had been made over the past six years with regard to the application of the Convention, the Committee notes from other sources of information that positive measures have in fact been taken by the Government. The Committee particularly refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (A/52/38/Rev.1, Part II, paragraph 231, 16 July 1997), in which the Government indicated several relevant legal reforms, including the adoption of the Sexual Offences Act, 1995, and the Maintenance Act.

2.  The Committee notes from the concluding observations of the CEDAW that the Directorate of Women’s Affairs is responsible for promoting the social, political and economic interests of women and their development and that, pursuant to the Beijing Platform for Action, the Directorate had identified as priority areas of concern the elimination of violence against women, education and training, the eradication of poverty, the encouragement of more women to become involved with the decision-making process and the expansion of health programmes directed at women (A/52/38/Rev.1, Part II, paragraph 230). The Committee also notes the Directorate’s plans to mainstream gender in all government departments and ministries and its formulation of a revised national Plan of Action for Gender Affairs (ibid.). It notes the Government’s indication to the CEDAW that, over the past decade, the Directorate has done much to promote income-generation activities for women, although the jobs for which these women are trained are still traditionally female-oriented ones (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It requests the Government to supply a copy of the national Plan of Action formulated by the Directorate, as well as to provide information on the specific activities undertaken by that body, particularly with regard to promoting women’s participation in the labour market. The Committee also requests the Government to indicate whether any measures have been taken or are contemplated to promote women’s access to non-traditional occupations.

3.  The Committee notes from the Government’s report to the CEDAW that, while women outnumber men in the public sector, male public sector employees "climb the ladder of success much more quickly than women" (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It would appreciate receiving information, including statistical data, disaggregated by sex, indicating the numbers of men and women in the different sectors and at the different levels of the public service, and if it would indicate the measures taken or contemplated to promote women’s equal access to training and to higher-level positions in the public sector.

4.  The Committee had previously noted the Government’s indication to the CEDAW that it was considering drafting equal opportunity and equal pay legislation, and asks the Government to indicate whether such legislation has in fact been drafted. If so, the Committee requests the Government to indicate the anticipated date of its adoption and to supply a copy of the legislation upon adoption.

5.  The Committee once again asks the Government to supply concrete information on the number of cases of alleged discrimination reported to the Labour Commissioner during the reporting period, indicating the nature of the discrimination alleged in each case, and the outcomes. Please also provide detailed information on the nature of the measures that the Government indicates are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

6.  Referring to its previous comments on article 14 of the Constitution, the Committee notes the Government’s statement that all workers are covered by the principle of non-discrimination set forth in the Labour Code, including non-nationals who have obtained the necessary work permits. The Committee also notes from the report that the definition of "employee" contained in the Labour Code does not discriminate between employees on the basis of nationality.

7.  The Committee had previously noted that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval, military or air forces of the Government, the police force and persons holding diplomatic status. In its earlier comments, the Committee had requested the Government to indicate the manner in which the principle of non-discrimination is applied to these categories of workers. The report indicates that the Civil Service Act, 1984, and the Civil Service Regulations, 1993, address the Committee’s concerns regarding established employees of the Government. Noting that copies of these texts have not been supplied, the Committee once again requests the Government to provide them. It also repeats its request for information on the manner in which the other categories of workers excluded from coverage under the Labour Code are protected against discrimination in employment and occupation.

8.  Article 4 of the Convention provides that "any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice". In its previous comments, the Committee noted the Government’s indication that sections B5, B6 and B7 of the Labour Code provide for the right of appeal contemplated in Article 4 of the Convention and that the provisions cited refer to the powers and responsibilities of the Labour Commissioner, Ministry of Labour and the National Labour Board. In this context, the Committee requests the Government to supply specific information in future on any cases brought under these sections.