Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee regrets to note that the Government’s report does not provide full information on all the points raised in its previous observation. The Committee reiterates the importance of pursuing dialogue on the application of the Convention so that it can identify the progress made by the Government in the application of the Convention and the remaining challenges which it faces. The Committee, therefore, hopes that the Government will make every effort to supply full information on the points set out below.

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 Regulations, and section 7 of the Education Act do not prohibit discrimination on grounds of race, colour or national extraction, as required by Article 1(1)(a) of the Convention. The Committee has also repeatedly commented on the lack of a national policy to promote equality of opportunity and treatment in respect of employment and occupation. It regrets once again to note that the Government’s report does not provide any new information on the finalization of the national policy on equality and merely refers to the prohibition of discrimination as set out in the national legislation. In this regard, the Committee is bound to 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 specific proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation with respect to all seven grounds listed in the Convention.

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

(a)   the measures taken or envisaged to bring the abovementioned legislative instruments into conformity with the provisions of the Convention with a view to introducing an explicit definition and prohibition of all forms of discrimination on any of the seven grounds listed in Article 1(1) of the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin;

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

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