Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 1 of the Convention. Scope of protection. In its previous comments, the Committee asked the Government to identify the specific steps taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asked the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking article 14(3) of the Constitution or the principle of the Convention. The Committee notes the Government’s indication that no such specific steps were taken as there are not many reported instances where discrimination is evident. Established workers are governed by the Civil Service Act (1984) while military personnel are ultimately governed by the Constitution of Antigua and Barbuda. The Police Act, Cap 330 Vol 7 and 12, section 3, provides guidance to the Royal Antigua and Barbuda Police Force on issues of discrimination. Further, there are no collective agreements covering these categories of workers. The Committee notes that the Government does not mention any recent judicial or administrative decisions regarding cases of discrimination. In that regard, it wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, paragraph 870).The Committee firmly hopes that the Government will promote an effective mechanism to ensure that all established employees of the Government, including persons in the naval, military or air force, and in the police force, obtain effective protection against discrimination in law and in practice. It asks the Government to identify the steps taken in this regard.

Articles 1 and 2. Non-nationals. In its previous comment, the Committee urged the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a); and to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the migrant population, and to report on the progress made in this regard. The Committee notes the Government’s statement that protection against discrimination of migrant workers has not been considered in the context of a national equality policy at this time and that, therefore, there are no practical measures implemented. According to the Government, the National Labour Force Survey, conducted in 2015 by the Statistics Division, does not suggest that there is a discriminatory effect on the employment opportunities of the migrant population. The Government indicates that it continues to honour its commitments under regional and international treaties. In that regard, the Committee wishes to recall that the intersection between migration and discrimination should be addressed in the context of the Convention, as migrant workers are particularly vulnerable to prejudice and differences in treatment in the labour market on grounds such as race, colour and national extraction, often intersecting with other grounds such as gender or religion (see 2012 General Survey, paragraph 776).While noting the information provided by the Government, the Committee asks the Government to make all efforts to ensure that migrant workers, independent of their legal status, are protected in practice against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. It asks the Government to provide information regarding any measures adopted or envisaged in this regard.

Statistics. The Committee previously asked the Government to indicate the progress made regarding the implementation of the labour market information system (LMIS), and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors. It notes the Government’s indication that the LMIS is currently in operation. In agreement with the Caribbean Community (CARICOM), the prerequisites to populate the system and to provide information on the employment of men and women in the various sectors and occupations in the public and private sectors will be done on a phased basis. Upon completion, the information will become available to the ILO.The Committee hopes that the Government will be in a position to provide information in its next report on the employment of men and women in the various sectors and occupations, including in the public and private sectors.