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

1. Application of the Convention to the civil service. The Committee notes the Government’s statement that section 26(1) of the Employment Act applies to all public servants except members of the police force, armed forces, prison guards or officers. Recalling that the Convention applies to all workers, the Committee requests the Government to provide further information on how the application of the Convention is ensured for these categories of workers.

2. Article 1 of the Convention. Sexual harassment. The Committee recalls that sexual harassment is a form of sex discrimination; therefore, in accordance with the Convention’s requirements to prohibit sex discrimination and adopt a policy to promote equality of opportunity and treatment, specific measures should be taken to address sexual harassment. The Committee also recalls that sexual harassment includes the following elements: (1) quid pro quo: any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Committee requests the Government to provide information on the measures taken to prevent and prohibit sexual harassment at the workplace. For further guidance, the Government is referred to the Committee’s 2002 general observation on this matter.

3. Article 1(1)(b). The Committee notes the Government’s statement that, in addition to the seven grounds of discrimination listed in Article1(1)(a) of the Convention, age, disability and family responsibility were included in the Employment Act on the recommendation of the tripartite Labour Advisory Board. The Committee requests the Government to continue to provide information on the measures taken to address discrimination based on the grounds of age, disability and family responsibility.

4. Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee notes that the Government has not yet provided information on any measures taken to collaborate with social partners and other relevant bodies, or regarding educational programmes or awareness-raising activities undertaken with a view to promoting the acceptance and observance of the principle of the Convention. It also notes the lack of information on the relevant activities of the Labour Commissioner to monitor the application of section 26 of the Employment Act and of statistical data on the participation of men and women in vocational training and employment. The Committee encourages the Government to develop such measures, programmes and activities, including data collection, and to provide information on the steps taken in this regard in its next report.

5. Article 4. Security of the State. Noting the absence of a reply on the application of this Article in the Government’s report, the Committee once again requests the Government to indicate whether any measures, in law or in practice, exist that may be taken against persons suspected of activities prejudicial to the security of the State and which affect the employment of such persons.

6. Article 5. Special measures. The Committee notes the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, which refers to provisions, programmes or activities that have, as their objectives, the amelioration of conditions of disadvantaged individuals, including those disadvantaged on the grounds enumerated in the Convention. The Committee encourages the Government to take such special measures as are needed in particular to promote access to employment and training for groups that have traditionally suffered discrimination, and to keep the Committee informed in this regard.