Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Articles 1 and 2 of the Convention. National policy and legislation on equality. For a number of years the Committee has expressed its concern that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, section 5 of the Public Service Statute and section 7 of the Act on education policy, do not prohibit discrimination on the grounds of race, colour and national extraction, as required by Article 1(1)(a) of the Convention. It has also repeatedly commented on the absence of a national policy on the promotion of equality of opportunity and treatment in respect of employment and occupation. The Committee regrets to note that the Government’s report again does not provide new information on the finalization of the national policy on equality and continues to refer to the prohibition of discrimination as set out in the national legislation. In this regard, the Committee must remind the Government that while the affirmation of the principle of equality in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of concrete and proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation in respect of all seven grounds listed in the Convention.

2. The Committee trusts that the Government will take the necessary steps to ensure compliance with the Convention and urges the Government to provide detailed information with its next report on the following:

(a)   the measures envisaged or taken to harmonize the abovementioned legislation with the provisions of the Convention with a view to introducing an explicit definition and prohibition of discrimination on the seven grounds enumerated in Article 1(1) of the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin;

(b)   the progress made in adopting a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation;

(c)   the activities undertaken by the National Labour Advisory Committee and the Committee responsible for monitoring and evaluating the application of ILO Conventions with respect to ensuring the full implementation of the present Convention.

3. Noting that the Government’s report has provided little or no information with respect to the points raised in its previous comments, the Committee trusts that the Government will make every effort to collect and communicate, in its next report, the requested information in order to enable the Committee to assess the implementation of the Convention and the progress made.

The Committee is raising other and related points in a request addressed directly to the Government.