Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Seychelles (Ratification: 1999)

Autre commentaire sur C111

Observation

2014

Demande directe

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Article 1 of the Convention. Protection of workers against discrimination. For a number of years the Committee has been requesting the Government, in the context of the revision of the Employment Act, 1995, to take steps to include provisions defining and prohibiting direct and indirect discriminations covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the Government’s indication that the revision of the Employment Act is still being finalized by the Ministry of Labour and Human Resource Development (MLHRD). With respect to discrimination, the Government states that the revised Act will take into account the Committee’s comments, the provisions of the Convention and the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/SYC/CO/1-5, 29 October 2013). The Committee understands that the Office had already provided technical assistance in 2011 to the Government regarding the revision of the Act and notes the Government’s indication that, once finalized, the draft amendments will be submitted to the Office before its adoption. Expressing the hope that the revised Employment Act will be adopted in the near future, the Committee requests the Government to ensure that the Act explicitly defines and prohibits direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation, and covering all workers. The Committee requests the Government to indicate how it is ensured that workers are protected against discrimination on these grounds in practice.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes from the Government’s report that the definition of harassment in the Employment Act will be amended and a specific definition of sexual harassment will be added. The Committee welcomes the draft provisions regarding harassment and sexual harassment included in the report. It recalls however that the provisions should not only cover quid pro quo sexual harassment “from a person towards another person” but also sexual harassment due to a hostile work environment (see General Survey on the fundamental Conventions, 2012, paragraph 789). In this context, the Committee also recalls the importance of providing for preventive measures and adequate proceedings, including with respect to the burden of proof, and appropriate sanctions. The Committee requests the Government to ensure that the draft amendments to the Employment Act define and prohibit both quid pro and hostile environment sexual harassment and to provide information on any other measures taken to prevent and combat harassment and sexual harassment in practice.

Article 2. Promoting gender equality and addressing occupational gender segregation. The Committee notes from the Labour Force Survey 2011–12 published by the National Bureau of Statistics that the distribution of employed persons by industry and by sex shows that women remain concentrated in public administration, health and social work, education, accommodation and food services, and men in agriculture, construction, manufacturing, trade and transportation. The Committee notes the detailed information provided by the Government on training and skills development. It notes in particular that in 2013, as part of the efforts to end occupational segregation and expand the occupational choices of girls and women, the MLHRD decided to diversify the areas of training under the employment training schemes, encouraging participants to consider taking training in construction, agriculture and horticulture, fishing, engineering and services. The Committee further notes that a draft National Gender Policy is being finalized (CEDAW/C/SYC/CO/1-5, paragraph 16) and that the Gender Secretariat has published a Gender and Law Manual to provide information and resources for parliamentarians, judges, lawyers and law enforcement agencies on gender related matters under the national legislation. Welcoming these initiatives, the Committee requests the Government to continue to provide information on the concrete measures taken or envisaged to address occupational gender segregation through the diversification of the areas of vocational training for women, and to promote gender equality in practice, including through awareness-raising campaigns to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. The Committee also requests the Government to provide information on the proposed strategy for the promotion of gender equality in the context of the 2014 National Employment Policy and Strategies (NEPS). The Government is also requested to take steps to finalize, adopt and implement the National Gender Policy and to provide information in this context on specific measures taken to promote gender equality in employment and occupation, and the results thereof.

Non-discrimination in the public sector. The Committee notes that the NEPS provides that the Government shall “promote a merit-based performance appraisal system throughout government and parastatals … to ensure non discrimination on the basis of age, sex, disability, HIV/AIDS status, maternity/family responsibilities, race, colour, nationality, social origin, language, religion, sexual orientation, political opinion, trade union activities or other associations and any other grounds”. The Committee requests the Government to provide information on the implementation of this system and the manner in which it ensures non-discrimination on the abovementioned grounds in practice.