Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Iles Salomon (Ratification: 2012)

Autre commentaire sur C111

Demande directe

2023
2017

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Article 1 of the Convention. Anti-discrimination legal framework. The Committee recalls that: (1) the Labour Act of 1960 (Cap. 73), the Employment Act of 1981 (Cap. 72) and the Public Service Act of 1988 (Cap. 92) do not contain any provisions regarding discrimination in employment and occupation; and (2) article 15(1)–(4) of the Constitution prohibits discrimination with respect to legislation, acts of public officials and authorities, and access to certain services and public places, on the basis of race, place of origin, political opinion, colour, creed or sex, but does not apply to non-citizens or to laws that make “provision for the application of customary law” (article 15(5)(b) and (d)). In this regard, the Committee recalls that the protection against discrimination afforded by the Convention applies to all workers without any distinction, including to non-citizens, and that it considers that general constitutional provisions are in principle not sufficient to effectively address specific situations of discrimination in employment and occupation. In addition, in its 2012 General Survey on the fundamental Conventions, the Committee observes that a number of legislative features contribute to addressing discrimination and promoting equality and, in particular, it welcomes legislation containing the following: coverage of all workers; provision of a clear definition of direct and indirect discrimination; a prohibition of discrimination with comprehensive coverage, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof to the employer once a prima facie case of discrimination has been established; protection against retaliation; affirmative action measures; provision for the adoption and implementation of equality policies or plans at the workplace, as well as for the collection of relevant data at different levels (see paragraph 855). In light of the above, the Committee asks once again the Government to consider introducing a comprehensive antidiscrimination legal framework or to include in the national labour legislation a clear definition and an explicit prohibition of direct and indirect discrimination applicable to all workers in the public and private sectors covering all aspects of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention.

Articles 1(1)(a) and 5. Discrimination based on sex and protective measures. Legal restrictions on women’s employment. The Committee recalls: (1) the legal restrictions in the Labour Act regarding night work of women (section 39) and the employment of women in mines (section 40); and (2) the possibility for the Minister to make rules for the purpose of “restricting or prohibiting the employment of women in any specified class of undertaking” (section 80(1)(f)). In its 2023 General Survey on Achieving Gender Equality at Work, the Committee emphasizes that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Lists of types of work or occupations prohibited because of the danger they pose to health, including reproductive health, should be determined on the basis of an assessment based on scientific evidence and progress, as well as technological developments, showing that there are specific risks to the health of women and, if applicable, of men. Restrictions to employment beyond maternity protection in the strict sense are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures to protect the health of men and women (paragraph 86). Moreover, the Committee wishes to recall that it indicated in its 2012 General Survey that, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary, such as those addressing improved health protection for both men and women, adequate transportation and security and social services, to ensure that women can access employment on an equal footing with men (paragraphs 839–840). The Committee asks once again the Government to indicate whether, under section 80(1)(f) of the Labour Act, any rules have been issued by the Minister with a view to restricting or prohibiting the employment of women. It further asks the Government to consider reviewing sections 39, 40 and 80(1)(f) of the Labour Act in light of the principle of gender equality, with a view to ensuring that, if they so wish, women are able to access employment on an equal footing with men, and that any limitations or restrictions applying to women’s employment are strictly limited to maternity protection.

Sexual harassment. The Committee notes from the Government’s report the adoption of the National Policy to Eliminate Violence Against Women and Girls (2016 – 2020), according to which: (1) the Public Service Commission must develop a zero-tolerance policy for all government workplaces that can be adapted to Non-Governmental Organizations and the private sector; and (2) five priority outcomes have to be achieved (holistic prevention strategies; strengthening of legal frameworks, law enforcement and the justice system; improved access for victims to medical, legal and protective services; accountability and rehabilitation of perpetrators; and development of national commitments and coordination). While noting that the Policy does not cover specifically sexual harassment at work, the Committee welcomes the commitment of the Government to address violence against women both in the public and the private sectors. It recalls nevertheless that, as a serious form of discrimination based on sex, sexual harassment against both men and women needs to be prevented, addressed and sanctioned under the Convention. In particular, it notes that, in its report Beijing +25, the Government indicates that, among others, very high rates of sexual harassment are of particular ongoing concern in the public sector. In this regard, the Committee recalls that it had welcomed the inclusion of provisions regarding sexual harassment in the Public Service Code of Conduct but noted that there were no provisions in force for the private sector. Referring to paragraphs 111 to 117 its 2023 General Survey, the Committee asks the Government to: (i) consider including in the labour legislation a clear definition and prohibition of sexual harassment (quid pro quo and hostile work environment) in employment and occupation as well as preventive measures and provisions on remedies; and (ii) provide specific information on any practical measures taken or envisaged to prevent and address sexual harassment against both men and women workers, such as awareness-raising campaigns or research, under the National Policy to Eliminate Violence Against Women and Girls (2016–20) and otherwise.

Articles 2 and 5. National equality policy. Special measures.While encouraging the Government to develop and implement a national equality policy, as required by Article 2 of the Convention, the Committee asks once again the Government to provide detailed information on: (i) any measures taken to address actively discrimination and to promote equality in education, training, employment and occupation without distinction, at least on the basis of sex, race, colour, religion, political opinion, national extraction or social origin; and (ii) any positive measures adopted or envisaged, in accordance with article 15(5)(f) of the Constitution regarding the advancement of the more disadvantaged members of the community with a view to achieving effective equality of opportunity and treatment, and on their impact on the employment of such persons.

Gender equality policy. The Committee notes from the national report Beijing + 25 that the Demographic and Health Survey (DHS) of 2015 reported that: (1) over half of women were unemployed in the year preceding the survey; (2) only 37 per cent of women were employed, and of these women, almost half were not paid; and (3) outside of the capital, women are most likely to work in agriculture, where 80 per cent of women in the workforce are not paid. The report adds that: (1) the over-representation of women in the unpaid workforce has repercussions for women’s financial security and economic opportunities more broadly; 2) significant barriers for women in this area are the demands of unpaid care work, lack of access to credit and small loans, and lack of financial literacy; and 3) despite significant and ongoing efforts, women are still under-represented at the highest levels and further efforts are needed. The Committee welcomes the adoption of a new National Strategy on the Economic Empowerment of Women and Girls (NSEEWG) for 2020–23, based on the findings of the review of the previous NSEEWG in 2019, which found that good progress had been made but that there was still considerable work to be done to address the low economic status of women in the country and the challenges they face in accessing economic opportunities. The NSEEWG 2020–23 focuses on five key strategic focus areas: gender mainstreaming, with a particular focus on the resource sector activities especially for rural women; financial inclusion through financial literacy, savings clubs and access to affordable financial services – especially targeting the informal sector; enterprise development and support and improved employment opportunities; creating an enabling environment through legislation and policy changes and institutional strengthening of the Ministry of Women, Youth, Children and Family Affairs including monitoring, research and knowledge sharing. The Committee asks the Government to provide information on the steps taken to implement the NSEEWG 2020-2023, and the results achieved, with respect to: (i) improving women’s access to paid employment and self-employment; (ii) addressing unpaid care work and reconciling work and family responsibilities that fall mainly on women; and (iii) addressing gender stereotypes and prejudice concerning the aspirations, abilities and suitability for certain jobs of girls and women, in particular in vocational guidance and training. It also asks once again the Government to provide any available recent statistics to enable an evaluation of the participation of women and men in the public and private sectors.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that consultations and social dialogue with social partners take place annually to consider the effects on salaries, allowances and incentives of the cost of living and inflation. The Committee asks the Government to provide information on any cooperation undertaken with employers’ and workers’ organizations concerning specifically discrimination and equality in employment and occupation, including any training and awareness-raising activities undertaken or envisaged to ensure the acceptance and observance of any equality policy and their participation in the implementation of the NSEEWG 2020–23.

Enforcement. Recalling the essential role of labour inspectors in detecting and addressing discrimination, including sexual harassment, in employment and occupation, the Committee asks once again the Government to provide information on their enforcement and guidance activities in this respect. It further asks the Government to provide information on the number, nature and outcome of discrimination cases dealt with by the courts, indicating the ground(s) concerned, the sanctions imposed, and the remedies granted.