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

The Committee notes the information in the Government’s first report on the Convention, as well as the attached documentation and statistics.

1. Article 1 (Great Britain and Northern Ireland). The Committee notes that the Human Rights Act, 1998, which applies to Great Britain and Northern Ireland, gives effect to the rights and freedoms guaranteed under the European Convention of Human Rights and Fundamental Freedoms (ECHR), including the enjoyment of rights and freedoms without discrimination on the basis of, amongst others, sex, race, colour, religion, political or other opinion, and national or social origin. It also notes that the Race Relations Act, 1976 (RRA), the Race Relations (Northern Ireland) Order (RRO (NI)) of 1997, the Sex Discrimination Act, 1975 (SDA), and the Sex Discrimination (Northern Ireland) Order (SDO (NI)) of 1976 prohibit direct and indirect discrimination on the basis of racial grounds and sex, respectively, and that the Fair Employment and Treatment (Northern Ireland) Order (FETO) of 1998 prohibits discrimination on the basis of religious belief and political opinion, in employment and occupation, vocational training and related matters in the public and private sectors. It also notes that the definition of "racial groups" includes "race, colour and ethnic and national origin (and Irish Traveller Community for Northern Ireland)".

2. Considering that the Human Rights Act, 1998 only provides for a general protection from discrimination with respect to the rights and freedoms guaranteed in the ECHR, the Committee notes that there is currently no legislation in place to prohibit discrimination in employment and occupation on the basis of religion, political opinion (Great Britain), and social origin (in Great Britain and Northern Ireland). It notes, however, that new draft regulations prohibiting discrimination based on religious belief in employment and occupation are being discussed for Great Britain and are to be adopted in 2003. The Committee welcomes these legislative developments and asks the Government to provide a copy of the new regulations, once adopted. It also requests the Government to indicate the manner in which protection from discrimination is ensured in employment and occupation on the basis of political opinion and social origin in Great Britain, and on social origin in Northern Ireland.

3. The Committee notes that section 4(3) of the RRA, section 6(3) of the RRO (NI) and section 70(1)(b) of the FETO exclude employment for the purpose of private households from the protection from discrimination, except in cases of discrimination by way of victimization. Furthermore, section 71(1) and (2) of FETO provides that the Order does not apply to the employment of schoolteachers, but that the Equal Opportunities Commission (EOC) shall keep this exception under review with a view to considering whether it is appropriate that any steps be taken to further equality of opportunity in the employment of teachers in schools. The Committee requests the Government to provide information on how protection from discrimination on the basis of racial grounds, religion and political opinion is ensured for these workers and whether it intends to amend the RRA, the RRO (NI) and the FETO to include private households and schoolteachers. It also requests information on any measures, including legislative amendments, proposed by the EOC (NI) to further equality of opportunity between teachers of different religious belief.

4. The Committee notes that section 17(1) seems to exclude from the coverage of the SDA, discrimination against police officers (including sexual harassment) by other police officers than the Chief Constable or the police authority. It also notes that section 17(2) provides that regulations under the Police Act of 1996 shall not treat men and women differently except "in relation to pensions or in respect of special constables or police cadets". The Committee requests the Government to indicate whether it intends to amend the SDA, and in the meantime, to provide information on the practical application of section 17(1) and (2) of the SDA with regard to the provisions of the Convention.

5. The Committee notes that section 1(2) of the SDA allows for a much broader interpretation of the concept of indirect discrimination than the one included in section 1(1) of the RRA, and includes provisions shifting the burden of proof in prima facie cases of discrimination. Noting also that new draft regulations on racial discrimination in Great Britain and draft amendments of the SDO (NI) aim to introduce similar provisions, the Committee asks the Government to provide copies of those amendments, once adopted, and to keep it informed of any similar amendments to the RRO (NI) and FETO.

6. Article 2 (Great Britain). The Committee notes that statutory bodies have been established under the RRA (Race Equality Commission (REC)) and the SDA (Equal Opportunities Commission (EOC)) which have the mandate to work towards the elimination of discrimination and the promotion of equality of treatment and opportunities. The Government indicates in its report that the REC and the EOC have developed, respectively, a code of practice on sex discrimination and a code of practice on racial relations. The Committee requests the Government to continue providing information on the activities of these statutory bodies and to provide practical information on the manner in which the codes of practice have been used by the civil service, trade unions, employers and employment agencies in promoting the application of the Convention.

7. Furthermore, the Committee notes that section 71(1) of the Race Relations Act imposes a positive duty on specified public authorities (Schedule 1A of the RRA) to eliminate unlawful discrimination and to promote equality of opportunity between persons of different racial groups. The legislation affects both the services that the authorities provide as well as their internal employment policies, and is enforceable by way of judicial review. Noting that no similar duty exists with respect to the elimination of sex discrimination, the Committee asks the Government to indicate whether it intends to extend such a statutory duty to sex discrimination and to provide information on the effectiveness of the duty in promoting race equality in employment and occupation.

8. Northern Ireland. The Committee notes that the Equality Commission for Northern Ireland has additional powers to promote affirmative action and identify and review patterns of employment and occupation with respect to religious belief and political opinion. Furthermore, section 75 and Schedule 9 of the Northern Ireland Act place a statutory obligation on public authorities to carry out their functions with due regard to the need to promote equality of opportunity, among other things, between persons of different religious beliefs, political opinion or racial group, and between men and women. It notes that under section 2 of Schedule 9 of the Act, the relevant public authorities have the obligation to submit equality schemes on how they intend to fulfil their obligations under section 75 of the Act. The Committee asks the Government to provide information on any measures taken, including affirmative action, and any equality schemes adopted by relevant public authorities in the field of employment and vocational training to promote equality of opportunity and treatment as well as information on any resulting measures adopted.

9. Article 3 (Great Britain). The Committee takes note of the Government’s statement that while the number of women and racial minority staff employed in the civil service, including the senior civil service, has increased, equal representation of men and women and racial minority staff does not exist at all levels, and racial minorities and women are concentrated in the lower grades; the proportion of racial minority staff at senior level was 2.1 per cent in 2000. The Government indicates that the civil service has set a target for women to make up 35 per cent of the most senior jobs in 2005 and a target of 3.2 per cent has been set for racial minority staff. The Committee notes the measures taken by the Government to bring in more people from racial minorities at senior levels, including the Government’s Civil Reform Programme and the Government’s Diversity Agenda, and it would be grateful if the Government could continue to provide information on the progress made under these programmes, especially with respect to the target sets for the employment of women and racial minorities in higher level posts in the civil service.

10. The Committee notes that data from the Labour Force Survey of 2000 on the employment of women and racial minorities show that white adults remained more likely in employment than adults from racial minority groups (75 per cent compared to 58 per cent) and that overall, women’s employment rate is lower especially amongst the Indian and Pakistani minorities. Statistics also show that people from racial minority groups (Bangladeshi, Pakistani and Black Caribbean) are under-represented in managerial and professional occupations and that most racial minority groups remained over-represented in unskilled or semi-skilled manual occupations. Furthermore, women’s activity rates remain significantly lower than men’s due to the impact of home and family commitments on women’s participation. In addition, the Committee notes from a study published by the EOC on "Women and Men in Britain" that there exists a pronounced pattern of gender segregation in different industrial groupings and occupations, including managerial occupations where women still comprise less than a quarter of executives and only one in ten company directors. Female employment is concentrated in service industries (88 per cent) and non-manual occupations. Men are overwhelmingly concentrated in full-time jobs and large numbers of women work in part-time jobs (83 per cent of the part-time employees).

11. The Committee notes the various policy measures listed in the Government’s report targeted at disadvantaged groups in the labour market as well as the many series of initiatives undertaken by the Government, in cooperation with the social partners, especially the employers, and the EOC and the CRE to promote racial diversity and equal opportunity between men and women in employment and occupation. It notes in particular: (1) "Opportunity Now" that aims to look critically at the position of women employees and set targets to increase women’s representation at all levels of the workforce; (2) the guides for employers on racial diversity and sex discrimination, including sexual harassment and maternity rights; (3) the Policy Appraisal for Equal Treatment (PAET) and Gender Impact Guidelines for government departments; and (4) the Project of the Performance Innovation Unit (PIU) to increase participation of racial minorities in the labour market. The Committee requests the Government to continue to provide information on these and other measures taken or envisaged to promote racial diversity and equality of opportunity and treatment in employment between men and women, as well as on the manner in which they open a wider range of employment and occupation opportunities for women and racial minorities, including in managerial posts.

12. With respect to the situation of part-time workers, the Committee notes the high percentage of female part-time workers (more than 80 per cent of the part-time workers). It also notes that section 19 of the Employment Rights Act, 1999 provides that part-time workers will not be treated less favourably than comparable full-time workers unless different treatment is objectively justifiable. The Committee requests the Government to provide examples of different treatment of part-time workers that is "objectively justifiable" and to provide information on how it addresses indirect discrimination against part-time workers.

13. With respect to vocational training, the Committee notes that the available data indicate that participants from certain racial minority groups (Black African/Caribbean minorities) are less likely to obtain a job after having participated in existing training programmes. The data also indicate that apprenticeships and vocational training programmes generally reflect gender stereotypes and occupational segregation. The Committee notes the various initiatives described by the Government to promote equal opportunities for all in vocational training. It notes in particular that in 2001 the learning and skills councils (LSCs) prepared equal opportunities strategies and action plans to address under-representation and under-achievement in post-16 learning and that in 2002 the Government established centres of vocational excellence (CVEs) which have to ensure fair treatment for all. Noting also that an equal opportunities code of practice was produced for national training organizations (NTOs), the Committee would be grateful if the Government would supply copies of the code and the action plans of the LSCs, and provide information on the manner in which the training provided by the NTOs and the CVEs is opening up a broad range of occupations, free from considerations based on stereotypes or archaic conceptions that specific trades or occupations are supposedly reserved for persons of a particular sex or ethnic group.

14. Northern Ireland. The Committee notes that according to the 1999 Labour Force Survey Religion Report for Northern Ireland a higher proportion of Protestants (71 per cent) than Roman Catholics (62 per cent) of working age were in employment, with a higher proportion of men being employed than women (76 per cent of men and 65 per cent of women Protestants - 69 per cent of men and 55 per cent of women Roman Catholics). Data provided on the religious composition in nine major occupations for 2001 also show that only 38.9 per cent of Roman Catholics compared to 61.1 per cent of Protestants were managers and administrators and that the representation of Roman Catholics is the highest in elementary occupations. The Committee notes that the FETO requires certain private and public sector employers registered with the Equality Commission of Northern Ireland to submit monitoring returns, and that it allows employers to take affirmative action to promote equality of opportunity and treatment between different religious groups in the field of employment and occupation. Noting also that public authorities in Northern Ireland have the duty to submit equality schemes, the Committee requests the Government to indicate the manner in which these measures are promoting or securing equal participation in employment and vocational training of members of the Protestant and Catholic community.

15. Article 4 (Great Britain and Northern Ireland). The Committee notes the Government’s statement that "United Kingdom policy provides that any person who constitutes a threat to national security, safeguarding parliamentary democracy and maintaining the proper security of the Government’s essential services, should not be employed in connection with any work, which by its nature, is vital to the interests of the State". The Government indicates that a national security vetting (screening) system is in place to provide assurance about individuals with access to sensitive government information or assets. After having exhausted internal avenues of appeal, individuals can have recourse to an independent security vetting appeals panel. The Committee notes further that section 42 of the RRA, section 41 of the SDO, section 52 of the SDA, section 53 of the SDO and section 79 of the FETO provide that, an act justifiably done for the purpose of safeguarding the security of the State, shall not be unlawful discrimination, when the act is justified for that purpose. Persons who wish to appeal against the invocation of the national security exception can do so via employment tribunals or the industrial tribunals. Further, section 19B of the RRA prohibiting discrimination by public authorities, excludes the Security Service and the Secret Intelligence Service from its application. The Committee requests the Government to supply information on the practical application of these provisions as well as on the United Kingdom policy on national security, including information on the number of persons who have sought review of decisions based on the national security exception in the context of employment and occupation and the results of the reviews.

16. The Government is encouraged to supply information on any judicial decisions by the employment tribunals and industrial tribunals on cases of discrimination in employment and occupation on the grounds covered by the Convention, as well as any discrimination notices issued or investigations conducted by the various statutory bodies responsible for the elimination of discrimination and promoting equality of opportunity and treatment in employment and occupation. The Committee notes that, according to the Government, there is no power to award compensation for unintentional indirect discrimination in employment cases. It requests the Government to supply information on how victims of indirect discrimination (which is almost always unintentional) are compensated for violations of the provisions prohibiting indirect discrimination.