CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malta (RATIFICATION: 1968)

Other comments on C111

Observation

Direct Request

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Previous comments

Article 1(1) of the Convention. Prohibited grounds of discrimination. Social origin. Legislation. The Committee observes that the adoption of the Equality Bill previously mentioned by the Government is still pending and that the Government’s report does not contain any information in that regard. With respect to the current legal framework, the Committee notes that, pursuant to the Constitution, the Employment and Industrial Relations Act (EIRA), 2002 (section 2(1)), the Equal Treatment in Employment Regulations, 2004 (section 1(3)), the Equality for Men and Women Act, 2003 (section 2(1)), the following prohibited grounds of discrimination are covered: sex, colour, political opinion, race, racial or ethnic origin, religion or belief, disability, age, family responsibilities, marital status, pregnancy or potential pregnancy, sexual orientation, gender identity, gender expression, sex characteristics, creed, place of origin and membership in a trade union or in an employers’ association. It also notes that, regarding the lack of protection against discrimination on the ground of “social origin”, the Government had previously pointed out that the list of prohibited grounds in the definition of “discriminatory treatment” under the EIRA was non-exhaustive. The Committee has constantly considered that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention – of which “social origin” (see the 2012 General Survey on the fundamental Conventions, paragraph 853). Moreover, it wishes to point out that the lack of explicit reference to a specific ground, such as “social origin”, in a non-exhaustive list of grounds could also lead to: (1) a lack of awareness of the right to non-discrimination on the ground concerned in employment and occupation; and (2) a need for interpretation by the courts to determine whether this specific ground is effectively covered. Therefore, to ensure legal certainty concerning the protection against discrimination in employment and occupation, the Committee firmly hopes that the Government will seize the opportunity of the discussion and adoption of the Equality Bill to ensure that it explicitly prohibits direct and indirect discrimination in all aspects of employment and occupation, on at least all the grounds set out in Article 1(1)(a) of the Convention, in particular “social origin”, while also ensuring that the additional grounds already enumerated in the current national legislation are maintained in the new legislation. It requests the Government to provide information on any developments in this regard and a copy of the text once adopted.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. According to the information available on the website of the National Commission for the Promotion of Equality (NCPE), the Committee welcomes: (1) the adoption, on 28 July 2021, of the Anti-Racism Strategy 2021-2023, , which aims to eliminate racism in all its forms and support intercultural inclusion; (2) the public consultation on the Second Policy and National Action Plan on Integration launched at the beginning of 2023; and (3) the European Union co-funded Project “Strengthening Knowledge on Integration and Non-Discrimination” (SKIN) launched in July 2023 by the NCPE to identify the needs of, and discrimination faced by vulnerable groups, namely migrants and Muslims. It further notes that, in 2022, the NCPE provided inputs to the Anti-Racism Action Plans being drafted by ministries as part of the above Strategy and was drafting an Anti-Racism Policymaking Tool for use by the ministries. Referring to its previous comments, the Committee asks the Government to continue to take proactive measures to combat racial stereotypes and discrimination based on race, colour or national extraction. It also requests the Government to provide information on the implementation of any measures taken within the framework of the Strategy and the SKIN Project as well as information on the content and implementation of the Second Policy and National Action Plan on Integration when finalized and Anti-Racism Policymaking Tool, with respect to all aspects of employment and occupation, in particular recruitment.

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