CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Seychelles (RATIFICATION: 1999)

Other comments on C111

Observation

2014

Direct Request

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Articles 1 and 3 of the Convention. Protection of workers against discrimination. Legislation. For a number of years, the Committee has been requesting that, in the context of the revision of the Employment Act of 1995, the Government take steps to include in its national legislation provisions fully reflecting the Convention. It previously noted that sections 48(2) and (3) of the Employment Bill of 2016, which was due to replace the Employment Act, explicitly prohibited direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement, in its report, that a new Employment Bill was adopted, in 2018, but that the above-referred provisions have been maintained. The Government adds that a new section 48(8) has been added in the Employment Bill prohibiting discrimination against «a person or worker who is a member or office bearer of a trade union or refuses to become a member of a trade union or take part in the activities of a trade union». The Committee further notes the Government’s indication that, in 2019, no complaint was made regarding employment discrimination based on the grounds prohibited by the Convention. The Committee expresses the firm hope that the Government will make every possible effort to give full legislative expression to the principles of the Convention by ensuring that its national legislation explicitly defines and prohibits direct and indirect discrimination in employment and occupation, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including through the adoption of the Employment Bill of 2018. It asks the Government to continue to provide information on any progress made in that regard, as well as on the number, nature and outcomes of any complaints dealt with by the competent authorities regarding employment discrimination based on the grounds covered by the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted that the Employment Bill of 2016 included a specific definition of sexual harassment but it only covered sexual harassment based on quid pro quo without addressing sexual harassment due to a hostile work environment. It notes the Government’s statement that section 48(5) of the Employment Bill of 2018 prohibits hostile environment harassment in terms that are wide enough to cover sexual harassment. The Committee however observes that such provision does not seem to refer explicitly to sexual harassment and generally refers to “unwelcome or unfriendly act committed by an employer”. In that regard, it wishes to recall that, to be effective, the prohibition of sexual harassment, which is a serious manifestation of sex discrimination, must explicitly cover not only behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual. It also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee notes the adoption of the Domestic Violence Act, 2020 (Act No. 21 of 2020) which provides for the protection of victims of domestic violence but observes, in that regard, that the Act limits sexual harassment to «repeatedly unwanted sexual advances towards a person» (section 2). Taking note of the Government’s statement that no complaint for sexual harassment has been dealt with by the competent authorities, the Committee however notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the incidence of gender-based violence in the State party which continues to be among the highest in the region; as well as the (2) underreporting of gender-based violence against women. The CEDAW explicitly recommended that the Government expeditiously adopt legislation criminalizing sexual harassment (CEDAW/C/SYC/CO/6, 12 November 2019, paragraphs 25 and 26). The Committee further notes that, in July 2021, in the context of the Universal Periodic Review (UPR), the United Nations (UN) Human Rights Council further recommended to strengthen efforts to combat gender-based violence, including by raising public awareness (A/HRC/48/14, 9 July 2021, paragraph 111). In light of the ongoing revision of the Employment Act, the Committee asks the Government to take the necessary measures to include specific legislative provisions: (i) defining and explicitly prohibiting all forms of sexual harassment in the workplace, both quid pro quo and hostile work environment; and (ii) whose scope of application is not limited to persons exercising authority. It further asks the Government to provide information on the measures and activities implemented in order to raise awareness of men and women workers, employers and their organizations of their respective rights and duties so as to prevent and address sexual harassment in employment and occupation in practice. The Committee asks the Government to continue to provide information on the number and outcome of any complaints of sexual harassment.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. Referring to its previous comments where it asked the Government to provide information on any concrete steps taken, pursuant to the National Employment Policy and Strategies of 2014, to effectively respond to the challenges faced by the workers most vulnerable to discrimination in employment and occupation, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It takes notes of the Government’s statement that the current practices in promoting equality are based primarily on implementing laws that prevent such actions. However, in light of the current absence of legislative provisions that explicitly prohibit direct and indirect discrimination on all grounds enumerated in Article 1(1)(a) of the Convention, the Committee wishes to emphasize the importance of implementing a national equality policy that would ensure that, in practice, workers are effectively protected against discrimination. Regarding the revised HIV/AIDS Policy of 2016 which includes as specific objective to reduce discrimination associated with HIV and AIDS in the workplace, the Government states that an action plan was drafted and sensitization activities were conducted in 2019 and 2020, including in collaboration with the National AIDS Council. The Committee notes the Government’s indication that no case of discrimination against workers on the basis of their real or perceived HIV status was registered in 2019, but that an evaluation of the action plan will be conducted in 2021. The Committee again asks the Government to provide information on the nature and impact of the activities implemented, in the framework of the National Employment Policy and Strategies or otherwise, to promote equality in employment and occupation, in particular irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, including awareness-raising or training activities, affirmative action measures, dissemination of good practices, and development of codes or guides. It further asks the Government to provide information on the results of the evaluation of the HIV/AIDS policy and action plan undertaken in 2021, in particular regarding their impact on discrimination associated with HIV and AIDS in the workplace, as well as on any case of discrimination and stigmatization of workers on the basis of their real or perceived HIV status dealt with by the competent authorities.

Promoting gender equality and addressing occupational gender segregation. Referring to its previous comments regarding the adoption of the National Gender Policy in 2016, the Committee welcomes the adoption, in March 2019, of the National Gender Plan of Action (NGPOA) for 2019-2023 which aims at articulating the activities that have to be undertaken by the respective sectors for the attainment of the policy’s goals and objectives. It notes the Government's indication that several actions will be undertaken under the NGPOA, among which are: (1) conducting a survey to identify barriers that impede women advancement in male dominated areas and sensitizing private sector employers on survey findings and their duties to address any discrimination; and (2) sensitizing women on their right to non-discrimination in the workplace, including during pregnancy. The Committee further notes that, as highlighted in the Decent Work Country Programme (DWCP) for 2019-2023, although statistics show that Seychelles has made significant progress in reducing gender inequality in the public sector, with an increasing number of women (approximately 40 per cent) occupying senior and decision-making positions, there is still a lack of statistics to establish the gender differences in the private sector. However, there is evidence that women continue to be slightly at a disadvantage when it comes to job opportunities, some jobs being difficult to access especially for women. In that regard, the Committee notes the Government’s indication that while occupational gender segregation is not a prevalent subject in Seychelles, there is clear evidence showing that either men or women are over-represented in certain sectors and to that end the National Institute of Science, Technology and Innovation is encouraging more girls to follow science, technology, engineering and mathematics (STEM) programmes.

The Committee notes that the DWCP sets as a specific priority the elaboration of a study on discrimination and gender equality but observes that the Government states that its implementation will depend on financial availability given the financial impact of the COVID-19 pandemic. In that regard, the Committee wishes to recall that workers most vulnerable to discrimination are generally more likely to be adversely affected by crises such as the COVID-19 pandemic and that specific attention should be given to the elaboration of a study on discrimination and gender equality which is critical, particularly to better understand and develop effective strategies and measures to minimize and address all forms of discrimination at work, more particularly between men and women. The Committee further notes that, in its concluding observations, the CEDAW remained concerned about: (1) the concentration of women and girls in traditionally female-dominated fields of study and their underrepresentation in the fields of STEM at the secondary and tertiary levels; (2) the lack of data, disaggregated by age and other relevant factors, on the dropout rate among pregnant girls and their re-entry rate following childbirth; (3) the persistence of discriminatory gender stereotypes and patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; as well as (4) the frequent occupational segregation faced by women and the fact that the high achievements of girls in education do not translate into labour market opportunities, in particular in the private sector (CEDAW/C/SYC/CO/6, paragraphs 23, 33 and 35). Furthermore, in July 2021, in the context of the UPR, the UN Human Rights Council specifically recommended to the country to address stereotypical attitudes about the roles and responsibilities of women and men in the family and in society in order to fully achieve gender equality (A/HRC/48/14, paragraph 111). The Committee asks the Government to: (i) provide information on the concrete measures implemented, in particular in the framework of the National Gender Plan of Action and the Decent Work Country Programme for 2019-2023; (ii) address occupational gender segregation through the diversification of the areas of education and vocational training for women; and (iii) improve equality of opportunity and treatment between men and women in employment and occupation 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. In that regard, it asks the Government to provide information on the results of any survey conducted on gender equality and discrimination at work, in particular in order to identify barriers that impede women advancement in male dominated areas. Recalling the importance of collecting statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, the Committee asks the Government to provide such information in its next report.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. Referring to its previous comments regarding its general observation of 2018 on discrimination based on race, colour and national extraction, the Committee welcomes the adoption of the Labour Migration Policy in October 2019 and notes that the policy sets as specific objective to protect the rights of migrant workers, on the basis of the principles of equality of treatment and non-discrimination. The policy recognizes that, despite a number of regulations and legal instruments adopted to protect the human and labour rights of migrant workers, documented rights violations and areas for concern include discriminatory wage practices, abusive working conditions, concentration of migrants in hazardous occupations, and lack of access to information, in particular for low-skilled migrant workers, including domestic workers. The Committee notes that, in light of the specific needs and vulnerabilities of migrant workers, the policy provides that the Government will take measures to strengthen the enforcement of existing regulations, protect workers from fraudulent and abusive recruitment practices, and improve data collection on abuses and violations. Welcoming the adoption of the Labour Migration Policy, the Committee asks the Government to provide information on the content and impact of the measures effectively implemented to address discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers and promote equality of opportunity and treatment of migrant workers.

Awareness-raising and enforcement. Referring to its previous comments regarding the activities undertaken to raise awareness of the principles of the Convention and ensure the effective application of the legislation, more particularly regarding the prohibition of discrimination in job vacancies, the Committee notes the Government’s indication that, in order to be proactive against discrimination cases, the Industrial Relations Section of the Employment Department also employs inspection officers who organize daily visits to identify potential breaches of employment laws and regulations, and conducts public sensitization programmes and activities, including via national television and radio programmes. The Government adds that discrimination regarding employment opportunities may exist in the country but that the numbers are very low in terms of reporting. In that regard, the Committee refers, to its 2020 direct request on the Labour Inspection Convention, 1947 (No. 81), where it noted that, according to the DWCP, the Labour Monitoring and Compliance Section of the Employment Department requires further capacity to maximize its effectiveness in its future labour inspections. It further notes, from the 2019 annual report of the Seychelles Human Rights Commission, that only four complaints were registered regarding the right to work but that no further information is available regarding their specific content or outcome. Regarding the steps taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies, the Committee notes the Government’s statement that when it has been established that an employer has issued a discriminatory job vacancy, the Employment Department advises the employer that the content of the advert is contrary to the national legislation and requests him or her to re-advertise. The Committee asks the Government to provide information on the nature and impact of the activities undertaken, including by the Industrial Relations Section of the Employment Department, to raise awareness among government officials, judges, workers, employers, and their organizations, and the general public on the principles of the Convention, as well as the remedies and procedures available. It also asks the Government to provide information on the concrete measures taken to reinforce the capacity and effectiveness of the Labour Monitoring and Compliance Section of the Employment Department, and their impact in terms of identification and reporting of cases of discrimination in employment and occupation. The Committee asks the Government to provide information on the number, nature and outcome of administrative and judicial decisions regarding the principles of the Convention, and more particularly discriminatory job vacancies.