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

The Committee notes the information contained in the Government’s report.

1. The Committee notes the Government’s statement, in response to its previous request, that there is no conflict between the Equal Rights Act, No. 19, 1990, and the Prevention of Discrimination Act, No. 26, 1997, and that the latter, which fully incorporates the provisions of the Convention, expands some of the rights set out in the 1990 Act to give them greater force. The Committee appreciates this position but draws attention to section 28 in the 1997 Act, which states that the latter Act shall not derogate from the former. It hopes that section 28 of the 1997 Act will be amended in future to clarify that the more recent Act takes precedence over the former Act. In the meantime the Committee would be grateful if the Government would supply copies of any administrative or judicial rulings applying Act No. 26 of 1997.

2. The Committee notes from the Government’s report that appropriate action to remedy any complaint of discrimination may be instituted by the Chief Labour Officer. It also notes that two complaints were submitted on equality issues and positively resolved. The Committee also notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW) of 31 July 2001 the concern that women do not seek legal redress when they suffer discrimination in employment because they are deterred by the delays in litigation caused by the enormous backlog of civil cases and that prosecution by the Chief Labour Officer does not appear to provide effective remedies. The Committee therefore requests the Government to provide more detailed information on the effectiveness of the complaint procedures on discrimination in employment and occupation, including information on any action initiated by the Chief Labour Officer on such questions.

3. The Committee notes from the concluding observations of CEDAW (UN document A/56/38, paragraph 149) the adoption of the Guyana National Plan of Action for Women, 2000-04, to promote gender equality. Furthermore, it notes that the National Resource and Documentation Centre is responsible for the collection and dissemination of materials and information on women and gender issues. The Committee requests the Government to supply with its next report a copy of the Guyana National Plan of Action for Women, 2000-04, and information on its implementation. It also asks the Government to report on the progress in the adoption of Bill No. 6 of 2001 to provide for the establishment of constitutional commissions, including a women and gender equality commission.

4. The Committee notes that in 1999 and 2000 the Women’s Affairs Bureau granted $30,000 to women’s committees in regions 1 to 10 for projects in support of women. It recalls that the Bureau was engaged in the implementation of projects which focus in particular on the acquisition of skills, education and entrepreneurship training for women. The Committee asks the Government to provide information on the impact of the Bureau’s projects in reducing discrimination, promoting equality between men and women in employment and in addressing the gender-specific division of labour and the provision of childcare facilities, both of which affect women’s participation in the labour force. The Committee also asks the Government to provide more detailed information on the activities and projects related to employment and occupation carried out by the Guyana Women’s Leadership Institute, that was established in 1998.

5. With respect to the information supplied by the Government concerning the training projects, the Committee reiterates its view that the statistics reflect a large degree of occupational segregation on the basis of sex. The Government states that greater equality in participation in training programmes can only be achieved when more women are willing to be trained in traditionally male dominated areas. The Committee therefore asks the Government to provide information on the action that has been taken to overcome traditional attitudes concerning the role of women in the labour force, and to overcome any barriers in male dominated areas to the access of women to those areas including positions of responsibility. It further asks the Government to provide information with its next report, including statistical data, on the number of men and women trainees in the training courses organized under the auspices of the Board of Industrial Training, as well as the new training programme referred to by the Government, with an indication of the types of training and the subjects of the courses followed by women, and also by indigenous peoples (both men and women).

6. The Committee notes the Government’s statement in reply to its previous request that there is full participation by indigenous peoples in training courses and it refers to seven persons being trained. The Committee asks the Government to supply information on the total numbers of indigenous persons trained in order to enable it to evaluate the level of participation of indigenous peoples in training courses. With regard to the low participation levels of Amerindian women workers, the Committee reiterates its request for information on the measures that have been taken in practice to improve their participation in education, training and employment, particularly in rural areas. The Committee also again asks the Government to supply specific information on the practical implementation of the strategies to improve the situation of Amerindian women that are set forth in paragraph 2.9 of page 61 of the Beijing Report, including: increased post-primary education within communities; the establishment of mechanisms to support existing economic activities; and the introduction of a system of regulation and monitoring of extractive industries in relation to conditions of employment.

7. The Committee asks the Government to provide information on measures taken in practice to address racial or ethnic discrimination in employment and to promote equal opportunity and treatment on the grounds of race, colour, and national extraction.