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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ghana (RATIFICATION: 1961)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes the Government’s indication in its report that, with the support of the ILO, the Labour Legislation Review Technical Committee is continuing the process of revision and will endorse the Committee’s request that the new Labour Act includes as a minimum the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, in particular “social origin” and “political opinion”. The Committeeasks the Government to provide information of the progress achieved towards the amendments of the relevant sections of the Labour Act of 2003, in order to include “social origin” and “political opinion” as prohibited grounds to be in full conformity with the Article 1(1)(a) of the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Government indicates that, in the framework of the current review of the Labour Act of 2003, it will be considering amending section 175, which covers sexual harassment in a broad way, to ensure full conformity with the Convention, including by explicitly covering hostile environment sexual harassment. The Government also provides examples of awareness raising activities, such as a workshop held from 23 to 25 November 2022 for 45 labour inspectors on the topic of sexual harassment with the assistance of the non-governmental organization “Action Aid Ghana”, as well as workshops organized jointly with the social partners to sensitize stakeholders on the provisions of the Violence and Harassment Convention, 2019 (No. 190). The Government further refers to the existence of various complaint mechanisms and means of redress for victims of sexual harassment. For example, pursuant to section 17 of the Domestic Workers’ Regulations (DWR) a domestic worker may report a case of sexual harassment or domestic violence to the District Labour Officer, the Commission on Human Rights and Administrative Justice (CHRAJ) or the police. Pursuant to section 18 of the DWR, if a domestic worker terminates the employment due to sexual harassment or domestic violence and lodges a complaint with the District Labour Officer, the latter can direct the employer to pay to the domestic worker two months’ salary, any outstanding salary, the cost of accommodation for a month (in the case of live-in domestic workers) and other appropriate benefits. The domestic worker may also seek any other relief in court. Additionally, the Labour Department, the National Labour Commission (NLC), and the court of competent jurisdictions can handle cases of sexual harassment. While taking note of this information, the Committee notes that the Government’s report is silent on complaints in respect to sexual harassment that have been examined by the above-mentioned mechanisms. The Committee requests the Government to provide information on: (i) the measures taken to amend section 175 of the Labour Act of 2003 so that it also covers hostile environment sexual harassment, and (ii) the number of complaints or cases of sexual harassment (including those lodged by domestic workers) dealt with by the District Labour Officer, the Commission on Human Rights and Administrative Justice (CHRAJ), the police, the Labour Department, the National Labour Commission (NLC),or the courts, as well as the sanctions imposed and remedies granted.

Article 2. National equality policy. Equality of opportunity and treatment irrespective of race, colour, religion or national extraction. The Committee notes the Government’s indication that no awareness raising activities have been undertaken on the issues of discrimination on the grounds of race, colour, religion, or national extraction since its last report. It also notes the Government’s request to benefit from the technical assistance of the ILO. The Committee stresses that Article 2 of the Convention requires Members to declare and pursue a national equality policy with a view to eliminate discrimination based on all the prohibited grounds listed in the Convention. In this regard, it wishes to point out that the Convention leaves considerable flexibility to each country regarding the most appropriate methods from the point of view of their nature and timing (2012 General Survey on the Fundamental Conventions, paragraphs 734 and 849). The Committee asks the Government to take the necessary measures to declare and pursue, in consultation with workers’ and employers’ organizations, a comprehensive national equality policy directed at addressing discrimination in employment and occupation based on all the grounds covered by Article 1(1)(a) of the Convention as a minimum, by methods appropriate to national conditions and practice. The Committee encourages the Government to avail itself of the technical assistance of the ILO in this regard.

Enforcement. The Committee recalls that, for a number of years, the Government has indicated that the labour inspection form was going to be amended to include a specific reference to discrimination on all the grounds listed in the Convention (including sexual harassment) to better assess the prevalence of discrimination at work. It notes the Government’s indication that no new labour inspection form has been adopted and no training has been conducted for labour inspectors, court officials and other authorities on the identification of cases of discrimination in employment and occupation as the Government had undertaken to do. The Committee notes that the Government is asking to benefit from the technical assistance of the ILO in this regard. The Committee asks the Government: (i) to speed up the adoption of a more targeted labour inspection form that will include specific reference to discrimination on the grounds listed in the Convention (including sexual harassment); (ii)to raise the capacity of enforcement officials and magistrates to identify and address discrimination in employment and occupation: and (iii) to provide information on the number of cases of discrimination in employment and occupation brought to or identified by the authorities, and their outcome (including information on sanctions imposed and remedies granted). Finally, the Committee encourages the Government to avail itself of the technical assistance of the ILO in this regard.

The Committee is raising other matters in a request addressed directly to the Government.