CMNT_TITLE

Repetition

Sexual harassment. The Committee notes with interest the adoption of the Employment (Sexual Harassment) Regulations, 2012, pursuant to sections 7 and 97(1) of the Employment Act, 2006 (the Act). The Regulations supplement the provisions on sexual harassment set out in section 7 of the Act, providing clear indications of what would constitute sexual harassment and intimidation, setting out what is to be included in a sexual harassment policy, detailing the composition and functioning of enterprise sexual harassment committees, and providing that sexual harassment is to be included in collective agreements. It also provides clear provisions prohibiting retaliation or discrimination against those filing a complaint as well as against witnesses or others cooperating in an investigation. The Government indicates that various activities have been undertaken to disseminate the new instrument and that further awareness-raising initiatives will be implemented by local governments. The Committee asks the Government to continue to provide information on the implementation of section 7 of the Employment Act, and of the Employment (Sexual Harassment) Regulations, and on the specific measures taken, including by workers’ and employers’ organizations, to prevent and address sexual harassment in employment and occupation in practice.

HIV and AIDS. The Committee notes the adoption of the National HIV/AIDS Policy, 2011, and the National Policy on HIV/AIDS and the World of Work, 2007, the implementation of which were recently the subject of specific training provided to judges and legal professionals. The Committee notes in particular that the National HIV/AIDS Policy stresses the importance of workplace policies in the public and private sectors, and formal and informal economies, and that all forms of discrimination against people living with HIV will be identified and addressed through appropriate policies and programmes. The Committee notes further that the policy focussing specifically on the world of work prohibits employment-related discrimination or abuse on the basis of real or perceived HIV status, and provides for protection against stigma and discrimination, which is to be addressed in education and information activities. Mandatory HIV testing is also prohibited and all HIV-related information is to be kept confidential. The Committee asks the Government to continue to provide information on the measures taken to implement the policies on HIV/AIDS, as well as on the impact of such measures on addressing discrimination in employment and occupation based on real or perceived HIV status. Noting the reference in the National HIV/AIDS Policy to the development of specific legislation on HIV/AIDS, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), and asks the Government to provide information on the status of the development of the law.