Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Legislative developments and grounds of discrimination. The Committee recalls its previous comments in which it had noted that article 23 of the Constitution of Barbados prohibited discrimination only on the grounds of race, place of origin, political opinions, colour and creed. It had also noted the Government’s indication that the Employment Rights Bill was still under discussion. The Committee notes the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, which expresses disappointment with the slow pace of finalizing the Employment Rights Bill. According to the CTUSAB, the Employment Rights Bill addresses discrimination based on race, colour, religion, political opinion, national extraction, marital status, indigenous origin and social origin, and direct and indirect discrimination in employment and occupation. The Committee urges the Government to increase its efforts to finalize the Employment Rights Bill, which it hopes will now include a comprehensive definition of discrimination that recognizes all the grounds enumerated in the Convention, including race, colour, sex, religion, political opinion, national extraction and social origin, and addresses direct and indirect discrimination in employment and occupation. Please provide information on any progress made in the adoption of the Bill.

Sexual harassment. The Committee notes the CTUSAB’s disappointment with the slow pace of finalizing sexual harassment legislation, as well as its indication that the Employment Rights Bill does not include a provision providing protection against sexual harassment. The Committee also notes that the CTUSAB continues to promote protection against sexual harassment through collective agreements. The Committee hopes that the Government will consider incorporating provisions on sexual harassment in the Employment Rights Bill and that it will make every effort to adopt legislation providing protection against sexual harassment in the very near future. It requests the Government to keep the Committee informed of any new developments in this respect.

The Committee further notes that the Government’s report has not been received. 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 raised in its previous direct request, which read as follows.

Discrimination on the grounds of race, colour and national extraction. The Committee notes from the concluding observations of the Committee on the Elimination of Racial Discrimination adopted during its 67th Session (2–19 August 2005), the concerns expressed regarding racism in Barbados. According to the report submitted by the Government to the Committee on the Elimination of Racial Discrimination, the social structure of Barbados remains segmented socially and culturally as a result of its history. The Committee requests the Government to provide information, including statistics, on the labour market situation of the different racial groups, and their employment levels in public and private sectors.

HIV/AIDS. Additional grounds of discrimination. Article 1(1)(b). The Committee notes, as reported by the Government, the enactment of the HIV/AIDS code of practice. The Committee further notes that the Barbados Workers’ Union states that it successfully negotiated an agreement with employers not to discriminate against employees with HIV/AIDS or other life-threatening illnesses. Employees who are willing and able to work are allowed to do so, their entitlements are protected, and they may have a modified work schedule. The Committee welcomes such initiatives and the active participation of the social partners in updating and defining newly recognized grounds of discrimination, and asks the Government to continue to provide such information. As the copy of the HIV/AIDS code of practice was not enclosed with the Government’s report, the Committee asks the Government to submit it with its next report.

National policy to promote gender equality. Articles 2 and 3. The Committee notes the Government’s indication that there is significant occupational segregation, with women being confined primarily to a limited range of occupations. The Committee also notes the various initiatives set out in the Government’s report, including the Social Partnership of 2001–04 which has as one of its stated objectives the achievement of gender equality through redressing imbalances of skills or educational disadvantage. It also notes the activities of the Bureau of Gender Affairs, including a gender mainstreaming programme, training in gender analysis and planning, and drafting a national policy statement on gender. A multi-sectoral approach has been taken to the drafting of the policy, with inputs being sought from the National Advisory Council on Gender, different ministries and government departments, the non-governmental community, the private sector and other relevant stakeholders. The Committee welcomes this inclusive approach to developing a national policy statement, and asks the Government to provide, with its next report, information on the outcome of the consultations and the status of the policy. The Committee also asks the Government for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.