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

1. Legislative developments. Prohibition of discrimination. The Committee notes with interest that the Employment Relations Promulgation 2007, published in the Government Gazette on 2 October 2007 contains a number of provisions applying the Convention. The Committee notes in particular section 6(2) which provides that:

… [n]o person shall discriminate against any worker or prospective worker on the grounds of ethnicity, colour, gender, religion, political opinion, national extraction, sexual orientation, age, social origin, marital status, pregnancy, family responsibilities, state of health including real or perceived HIV status, trade union membership or activity, or disability in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship.

The Committee also notes that Part 9 (“Equal Employment Opportunities”), section 75, of the Promulgation states that:

… for the purpose of this Part the prohibited grounds for discrimination whether direct or indirect are actual or supposed personal characteristics or circumstances, including: ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age, disability, HIV/AIDS status, social class, marital status (including living in a relationship in the nature of a marriage), employment status, family status, opinion, religion or belief.

2. The Committee welcomes the fact that the Promulgation explicitly prohibits direct and indirect discrimination in employment and occupation and that it covers the prohibited grounds explicitly listed in Article 1(1)(a) of the Convention, as well as a number of additional grounds, as envisaged under Article 1(1)(b). The Committee requests the Government to provide information in its future reports on the implementation of the discrimination and equal opportunities provisions of the Employment Relations Promulgation 2007, including information on the measures taken by the competent authorities to monitor and enforce these provisions, and on relevant cases or disputes brought before the competent bodies. The Committee encourages the Government to undertake training and awareness-raising activities on equal employment opportunities and the related legal provisions and to indicate any such measures taken in this regard.

3. Sexual harassment. The Committee notes with interest that the Employment Relations Promulgation 2007, requires employers to develop and maintain a policy to prevent sexual harassment in the workplace, consistent with the national policy guidelines for preventing sexual harassment developed by the Employment Relations Advisory Board. The Committee notes that the Promulgation addresses sexual harassment by the employer or its representative, as well as by co-workers and that it covers both quid pro quo and hostile environment harassment. The Committee requests the Government to provide information on the progress made with regard to the adoption and implementation of sexual harassment policies at the enterprise level, to provide a copy of the national policy guidelines on the prevention of sexual harassment envisaged under the Employment Relations Promulgation, and to provide information on any cases or disputes concerning sexual harassment brought before the competent bodies.

4. Discrimination based on HIV/AIDS status. In addition to the abovementioned prohibition of discrimination on the basis of real or perceived HIV/AIDS status, the Committee notes with interest the adoption of the 2007 National Code of Practice for HIV/AIDS in the Workplace, which, inter alia, provides important guidance on how to address discrimination based on HIV/AIDS status. The Committee requests the Government to provide information in its future reports on the measures taken or envisaged to promote equal employment opportunities for men and women living with HIV/AIDS and on the implementation of the National Code of Practice and the relevant provisions of the Employment Relations Promulgation.

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