Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Article 1(1)(b) of the Convention. The Committee recalls the adoption of the Persons with Disability Act, 2011, section 19(1) of which provides that “no person shall deny a person with disability having the requisite skills and qualifications, access to opportunities for suitable employment,” and section 20 of which provides that no employer shall discriminate against a person with a disability in relation to the advertisement of employment, recruitment, creation or classification of post, determination of wages, training or advancement, provision of facilities related to employment, or any other matter related to employment. The Act also establishes the National Commission for Persons with Disabilities, which pursuant to section 6(2)(e) has the authority to investigate allegations of discrimination based on disability. The Committee requests the Government to provide information on the practical application of sections 19 and 20 of the Persons with Disability Act.

The Committee also recalls the adoption of the National HIV and AIDS Commission Act, 2011. Section 2 of the Act established the National HIV and AIDS Commission, which is charged with the prevention, management and control of HIV and AIDS (section 4(1)). The Act also provides that “no person shall be denied access to any employment for which the person is qualified, or transferred, denied promotion or have his employment terminated on the grounds only of his actual, perceived or suspected HIV status” (section 39(1)). The Committee notes that while the language of section 39(1) is identical to that of section 23(1) of the Prevention and Control of HIV and AIDS Act of 2007, section 39 of the National HIV and AIDS Commission Act does not contain the exceptions to the prohibition on discrimination included under section 23(2) of the Prevention and Control of HIV and AIDS Act. The Committee requests information on the status of the Prevention and Control of HIV and AIDS Act of 2007, with a view to determining whether the exceptions permitted under section 23(2) of the Act continue to be applicable. The Committee also requests the Government to provide information on the practical application of section 39 of the National HIV and AIDS Commission Act, including information on the mechanisms through which aggrieved persons may lodge complaints.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that it is undergoing a review of its labour legislation in order to bring labour policies up to date, and that it has requested ILO assistance in this regard. The Committee also notes the Government’s statement that, despite the protection against discrimination provided by the Constitution, the Persons with Disabilities Act and the National HIV and AIDS Commission Act, there is a need to consolidate these laws with a view to providing more comprehensive protection against discrimination in employment and occupation. The Government indicates in particular that reforms in the public service with respect to discrimination should be accelerated. The Committee notes the Government’s statements regarding the substantial difficulties it has faced applying the Convention due to structural challenges and lack of capacity. The Committee asks the Government to continue providing information on the progress made with regard to the development and implementation of a national equality policy. Welcoming the initiative of the Government to review and revise the labour-related legislation, with ILO technical assistance, the Committee asks the Government to provide information on the outcome of the legislative review and the follow-up thereto. The Committee also asks the Government to provide information on any other measures taken or envisaged to ensure non-discrimination and equality of opportunity and treatment in employment and occupation, including for members of the different ethnic groups.

Equality of opportunity and treatment between men and women. The Committee notes from the Government’s report to the UN Human Rights Committee in the context of the International Covenant on Civil and Political Rights that the National Gender Strategic Plan, which was launched on 3 June 2010, is currently under review (CCPR/C/SLE/1, 16 May 2013, paragraph 34), and that a Gender Equality Bill has been prepared and will be tabled in Parliament (ibid., paragraph 36). The Government indicates that women’s inferior status under customary law fuels sex discrimination and undermines women’s enjoyment of their fundamental rights. The Committee also notes from the Government’s report to the UN Committee on the Elimination of Discrimination against Women the significant levels of vertical and horizontal gender segregation in the labour market (CEDAW/C/SLE/6, 1 November 2012, tables 12–13). In this regard, the Government indicates in that report that employment disparities between men and women are caused more by the lack of professional skills among women than by legislation or male resistance (ibid., paragraph 151). The Committee asks the Government to provide information on measures taken or envisaged to address the horizontal and vertical gender segregation in the labour market as well as measures to improve the participation rates of women in those sectors and occupations in which they are under-represented, including through their participation in vocational training courses leading to a broader range of employment opportunities. The Committee also requests the Government to provide information on the progress of the review of the National Gender Strategic Plan and the status of the Gender Equality Bill, and asks the Government to ensure that the principle of equality of opportunity and treatment in employment and occupation is taken into account in both the Plan and the Bill. Please also provide information on any steps taken or envisaged to harmonize customary law with anti-discrimination legislation with a view to ensuring non discrimination and equality of opportunity and treatment between men and women.