Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that the Government’s report has not been received. It nevertheless examined the Labour Act of 2003, which entered into force in March 2004. 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.

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 14(e) of the Labour Act of 2003 provides that "an employer shall not in respect of any person seeking employment, or persons already in his employment discriminate against the person on grounds of gender, race, colour, ethnic origin, religion, creed, social or economic status, disability or politics". Section 63(2)(d) provides that "a worker’s employment is terminated unfairly if the only reason for the termination is the worker’s gender, race, colour, ethnicity, origin, religion, creed, social, political or economic status". The Committee requests the Government:

(a)  to clarify the meaning of the terms "politics" and "political status" and whether sections 14(e) and 63(2)(d) are intended to prohibit discrimination against a worker on the basis of his or her political opinion (i.e. his or her activities to express or demonstrate political views including membership or involvement in political parties or organizations);

(b)  to indicate whether the ground "social status" is intended to cover discriminatory treatment based on social origin (i.e. the worker’s actual or perceived membership or origin in a class, socio-occupational category, caste or similar system of social stratification);

(c)  to elaborate on the complaints procedures and remedies available for victims of discrimination and the sanctions that can be imposed for infringements of section 14(e).

2. Access to education and training. The Committee recalls its previous comments concerning the 1961 Education Act which provides that any person refusing a pupil access to an educational establishment on the ground of religion, nationality, race or language of the pupil or his or her parents shall be fined (section 22(4)). Noting from the Government’s most recent report under the Convention on the Rights of the Child (CRC/C/65/Add.34, 14 July 2005, paragraph 266) that this Act is currently under review, the Committee requests the Government to take the necessary measures to ensure that the new legislation will provide for equal access to education on all the grounds listed in Article 1(1)(a) of the Convention, including political opinion.

3. Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Labour Act defines "sexual harassment" as "any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or co-workers to a worker, whether the worker is a man or woman" (section 175), which does not appear to cover hostile environment harassment. Under section 15, a contract of employment may be terminated by the worker on the ground of sexual harassment and under section 63(3)(b) a worker’s employment is deemed to be unfairly terminated if the worker terminates the contract of employment because the employer has failed to take action on repeated complaints by the worker of sexual harassment at the workplace. Recalling that sexual harassment has serious consequences for the victims and the enterprises in which such practices exist, the Committee considers that these provisions may not provide adequate protection and remedies to victims of sexual harassment, as redress appears to be available only following repeated complaints to the employer and only to the extent that the harassed worker is entitled to leave the employment relationship. The Committee asks the Government to indicate whether sexual harassment is considered to constitute "gender discrimination" under section 14(e) of the Labour Act and to provide information on any further measures taken, in law or in practice, to prevent and address sexual harassment at work.

4. Article 2. Equality of opportunity and treatment of men and women. Recalling its previous comments concerning article 35(6)(b) of the Constitution, which provides that the State shall take appropriate measures to achieve reasonable regional and gender balance in recruitment and appointment to public offices, the Committee requests the Government to provide information on the specific measures taken or envisaged to ensure effective equality of opportunity and treatment of women in respect of recruitment in the public service. More generally, the Committee would appreciate receiving information on Ghana’s policies and programmes to promote equal opportunity and treatment of men and women in employment and occupation, as well as statistical or other information on the position of men and women in the various sectors of the labour market and the informal economy.

5. Article 3(d). Civil service. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Please indicate whether confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process.

6. Parts III and IV of the report form. Enforcement. The Committee recalls the Government’s statement that labour inspections were conducted in all establishments, including those in the free zones established under Act No. 504 of 31 August 1995, in order to ensure all workers enjoy the guarantees provided for under the Convention. In the light of new Labour Act, the Committee requests the Government to provide information on the number, nature, and outcomes of the cases involving sections 14, 63(2)(d), or 63(3)(b) of the Labour Act reported to or addressed by the labour inspectors, including in enterprises situated in free zones. The Committee also asks the Government to provide information on any relevant cases decided by the courts or the Commission on Human Rights and Administrative Justice regarding discrimination in employment or occupation.