Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1(1)(a) of the Convention. Discrimination in employment and occupation. Legislation. In its previous comments, the Committee pointed out that the provisions of the Constitution regarding discrimination did not include any reference to the prohibition of direct and indirect discrimination in employment and occupation and concerned only discriminatory treatment by public officials (section 33(3)). It also noted that the Labour Act of 1990 did not contain any provisions on discrimination, or reference to grounds of discrimination, but that it was in the process of being amended. The Committee notes that a new Labour Act (No. 5 of 2007) was adopted on 17 October 2007. While noting the Government’s statement that the issue of discrimination has been adequately dealt with in the Labour Act 2007, the Committee notes that the new Act neither defines nor prohibits discrimination in employment and occupation on the basis of any of the grounds enumerated in the Convention, except in the case of dismissal and disciplinary action (section 83(2)). The Committee wishes to recall that it considers that, although general constitutional provisions regarding equality are important, they are not generally sufficient to address specific cases of discrimination in employment and occupation. It further considers that comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention and that, as a minimum, all the prohibited grounds of discrimination listed in Article 1(1)(a) should be addressed. The Committee therefore asks the Government to consider including in the Labour Act a comprehensive definition and a general prohibition of direct and indirect discrimination at all stages of employment and occupation based on, as a minimum, all of the seven enumerated grounds, namely, race, colour, sex, religion, political opinion, national extraction and social origin, as well as dissuasive sanctions and appropriate remedies. The Government is requested to provide information on the concrete steps taken to that end.