Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide further information in its next report, particularly on the following points.

1. Coverage. The Government has provided information relating in particular to prohibition of discrimination in the employment relationship. Please indicate also what measures are being taken to ensure equality and non-discrimination in occupation outside the employment relationship - e.g. in self-employment, farming and other activities.

2. Discrimination on the ground of sex. The Committee notes the new National Gender Policy of 2002. It notes in particular that it provides for, inter alia: the adoption of affirmative action measures to give equal employment and business opportunities to both women and men at all levels; for a revision of the Labour Relations Act and the Manpower Development Act to include the "key gender-related sections" which are missing; and for the legislative and educational measures for combating sexual harassment and unfair labour practices at work. The Committee also notes that women are still concentrated in a limited range of occupations in low-paying and low-productive jobs, mostly in the informal economy. Therefore, the Committee asks the Government to provide information on the implementation of the National Gender Policy and to supply statistical data on the employment situation of men and women disaggregated by sex, sector of activity and level of responsibility.

3. Discrimination on the ground of political opinion. The Committee notes that the principle of non-discrimination on the ground of political opinion is enshrined both in the Constitution and in the labour law. However, the Government did not provide information on the way the principle is respected in practice. The Committee notes the Concluding Observations of the United Nations Human Rights Committee in 1998 (UN document CCPR/C/79/R22.89) which expressed concern about acts of political violence against government opponents, for which immunity has been extended to perpetrators. The Committee recalls that the protection of freedom of expression, especially the expression of political opinions, is aimed at giving the person an opportunity to seek to influence decisions in the political, economic and social life of his or her society. Political organizations and parties constitute a framework within which the members seek to secure wider acceptance of their opinions. Therefore, the Committee requests the Government to supply information on the manner in which it protects workers against discrimination with regard to employment and occupation on the basis of political opinion.

4. Article 1(1)(b) of the Convention. The Committee welcomes the adoption of the Labour Relation (HIV/AIDS) Regulations of 1998, which prohibits discrimination on the basis of the HIV status in relation to employment and occupation. Noting that the grounds of banned discrimination in the Constitution also include language, class, culture, marital status, disability, natural difference or condition and age, the Committee asks the Government to indicate whether it intends to include HIV/AIDS, disability or any other ground, as a ground upon which discrimination is prohibited in employment and occupation under the Convention.

5. Article 1(2). In order to enable the Committee to appreciate fully how section 5(7) of the Labour Relations Act is applied, please provide examples of the implementation of this section in practice, in particular on the application of the provision indicating that exclusion or preferences on the basis of decency or propriety is not a violation of the prohibition of discrimination.

6. Article 1(3). The Committee notes article 43 of the Constitution and section 5 of the Labour Relations Act, which prohibit discrimination on all the grounds listed in the Convention. It notes that the Labour Relations Act covers only employees in the private sector. As for the public sector, it notes that section 18 of the Public Service Act prohibits discrimination for appointments and promotions only and that the ground of religion is not considered. The Committee asks the Government to indicate how protection is afforded against discrimination in occupation for self-employed persons, domestic workers, and for public employees outside appointments and promotion practices. Moreover, the Committee notes that training is mentioned in section 5(1)(e) of the Labour Relations Act, which has a limited scope of application, and that there is no prohibition of discrimination in the Manpower Planning and Development Act. It asks the Government to provide information on how equality of opportunity and treatment is ensured in practice in respect of vocational training.

7. Article 2. The Committee notes the adoption of the National Gender Policy that aims at: eliminating all negative economic, social and political policies, cultural and religious practices that impede equality and equity of the sexes; mainstreaming gender in all aspects of the development process; and ensuring sustainable equity, equality and empowerment of women and men in all spheres of life. The Committee asks the Government to provide information on the impact of the National Gender Policy. It also asks it to indicate what measures have been taken towards the formulation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the other grounds covered by the Convention. Finally, noting the Government’s statement that it is in the process of "coming up with an employment policy and an employment creation act, which will cover some of the aspects of discrimination", the Committee asks the Government to provide information on the progress achieved in this respect.

8. Article 3(a). The Committee would appreciate receiving information on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in promoting and realizing the acceptance and observance of the principle of the Convention.

9. Article 3(c). The Committee notes the Government’s commitment in the National Gender Policy to reviewing the Labour Relations Act and the Manpower Planning and Development Act. It also notes the 1998 Concluding Observations of the Committee on the Elimination of Discrimination against Women (CEDAW) that express concern over the continued existence of and adherence to customary laws that discriminate against women, in particular in the context of the family. Noting that customary law can have an impact on the status of women and affect equality in employment and occupation, the Committee requests the Government to supply information on this question, and on the relationship between statutory law and customary law as it may affect the equal treatment of women.

10. Article 4. The Committee requests the Government to indicate the procedures available to a person who has suffered in employment due to being accused of engaging in activities prejudicial to the security of the State. Please provide a copy of the laws or regulations on this subject, and provide examples of any cases of this kind that may have been brought before a court.

11. Article 5. Please provide information on special measures of protection or assistance to meet the particular requirements of disabled persons, or other groups that may require it.

12. Part IV of the report form. The Committee requests the Government to provide information on any case brought before the Public Service Commission, which is competent to resolve appeals of decisions concerning public servants, or before the Labour Relations Tribunal concerning the application of the Convention.