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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The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) and of the Association of Seychelles Employers (ASE) communicated with the Government’s report.

Article 1 of the Convention. Protection of workers against discrimination. In its previous comment, noting that the finalization of the Employment Act revision was still in progress, the Committee asked the Government to take steps to include provisions defining and prohibiting direct and indirect discrimination covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes from the Government’s report that the Employment Bill 2016, which is due to replace the revised Employment Act, includes provisions on direct and indirect discrimination. Section 48(2) provides that: “(a) An employer shall not make an employment decision against a worker on the grounds of the worker’s maternity, paternity and family responsibilities, age, gender, race, colour, nationality, social origin, language, religion, disability, real or perceived Human Immunodeficiency Virus status, sexual orientation or political opinion, trade union or other association; (b) A worker against whom such a decision is made will be deemed to have been directly discriminated against and may initiate the grievance procedure.” Further, section 48(3) provides that: “(a) An employer shall not apply a provision, criterion or practice to all workers irrespective of the characteristics at subsection 2(a) if (i) that provision, criterion or practice puts or would put workers of a specific worker’s characteristics at subsection 2(a) at a particular disadvantage when compared with other workers; and (ii) the provision, criterion or practice is to that specific worker’s disadvantage; (b) that worker will be deemed to have been indirectly discriminated against and may initiate the grievance procedure.” In response to the Committee’s request that the Government identify what steps are taken in practice to protect workers against discrimination on these grounds, the Government indicates that frequent routine (announced and unannounced) inspections are conducted in all sectors to ensure that employers are complying with the employment legislation. Welcoming the inclusion in the Employment Bill of provisions on prohibition of direct and indirect discrimination on all grounds enumerated in Article 1(1)(a), the Committee asks the Government to keep it informed as to the progress of the Bill. Meanwhile, the Committee asks the Government to provide information on any complaints before the competent authorities regarding employment discrimination based on the grounds prohibited by the Convention and the outcomes, including the remedies granted.

Discrimination based on sex. Sexual harassment. The Committee previously requested the Government to ensure that the draft amendments to the Employment Act define and prohibit both quid pro and hostile environment sexual harassment and to provide information on any other measures taken to prevent and combat harassment and sexual harassment in practice. The Committee notes from the Government’s statement that section 48(6) of the Employment Bill 2016 defines sexual harassment in these terms: “(a) An employer shall not use explicitly or implicitly a person’s rejection of, or submission to, conduct of a sexual nature and other conduct, physical, verbal or nonverbal, based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient as a basis for a decision which affects the person’s job; (b) A worker towards whom such an act is committed is deemed to have been sexually harassed and may initiate the grievance procedure.” The Committee would like to point out that this definition does not cover the full scope of “sexual harassment”, as it only covers sexual harassment based on quid pro quo but does not address sexual harassment deriving from a hostile environment. Concerning measures to prevent and combat harassment and sexual harassment in practice, the Government indicates that the Employment Bill 2016 has introduced a grievance mechanism in case of harassment whereby the Employment Tribunal shall establish whether an act of harassment has been committed and, if so, make any order of redress necessary (section 48(7)(b)). While welcoming the inclusion of an explicit provision on sexual harassment in its upcoming revised legislation on employment, the Committee urges the Government to take steps to ensure that the Employment Bill, when enacted, will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report. In addition, the Committee asks the Government to report on any steps taken to develop a national policy or strategy on the prevention of sexual harassment and to provide information on the number and outcome of complaints of sexual harassment.

Article 2. National equality policy. In its previous comment, the Committee requested the Government to detail the steps taken, within the framework of the renewed National Employment Policy and Strategies (NEPS), its action plan or otherwise, to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, and to provide information on the results achieved. The Committee also requested the Government to provide information on the study on discrimination in the workplace and its findings and on the adoption and implementation of the National Policy on HIV and AIDS in the workplace, in particular with respect to addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status. The Government indicates that the study on “discrimination in the workplace” has been postponed due to prior commitments and constraints and that the revised HIV/AIDS Policy was launched in April 2016. The Committee notes that Objective 2 of this policy is to: (i) reduce discrimination associated with HIV and AIDS in the workplace; (ii) develop concrete and realistic responses at workplace, community, sectorial and national levels to address issues of HIV and AIDS prevention, stigma and discrimination, the productivity of workers and businesses, and the care and support of workers infected or affected by HIV and AIDS; (iii) strengthen HIV mainstreaming in legal instruments and legislative work through review of existing legislation, policies and regulations and advocate for laws promoting stigma and discrimination of persons living with HIV; and (iv) promote the rights of workers in relevance to HIV and AIDS in the workplace through educational sessions, public awareness campaigns of various forms, strong pursuit of justice and zero tolerance to behaviours and administrative and/or social interactive practices that lead to stigma and discrimination of workers living with HIV and AIDS. The Committee notes the information provided as regard the NEPS, but considers that it is very general and does not indicate concretely the steps taken to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin in practice nor the impact of the implementation of the NEPS on workers most vulnerable to discrimination. The Committee asks the Government to provide information on any concrete steps taken pursuant to the National Employment Policy and Strategies, to effectively respond to the challenges faced by the workers most vulnerable to discrimination in employment and occupation, for example through awareness-raising or training activities, affirmative action measures, dissemination of good practice, and development of codes or guides. In addition, noting that the National Policy on HIV and AIDS in the workplace was adopted in 2016, the Committee asks the Government to provide information on its implementation and impact on addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status, including any relevant judicial decisions.

Promoting gender equality and addressing occupational gender segregation. In its previous comment, the Committee requested the Government: (i) to provide information on the concrete measures taken or envisaged to address occupational gender segregation; (ii) to promote gender equality in light of the 2014 National Employment Policy and Strategies, and (iii) to share any update on the finalization, adoption and implementation of the National Gender Policy. In its reply, the Government indicates that the National Gender Policy was officially launched on 25 November 2016. The Committee notes in that regard that in its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the Government declares that a National Gender Plan of Action 2019–23 was being developed (CEDAW/C/SYC/6, 9 July 2018, paragraph 151). The Committee asks the Government to provide information on the adoption of the Plan of Action of the National Gender Policy and the steps taken to implement it. Noting that the Government’s report does not respond to two of the points mentioned above, the Committee reiterates its request for information on: (i) the adoption and implementation of its proposed strategy for the promotion of gender equality in the context of the 2014 National Employment Policy and Strategies; and (ii) the measures adopted to proactively address occupational gender segregation, in particular by taking action in the areas of education and vocational training and to promote equality as regards access to paid employment as well as higher paying jobs.

Non-discrimination in the public sector. In the absence of information provided on this point, the Committee reiterates its request to the Government to provide details on the implementation in practice of the merit-based performance appraisal system included in the 2014 National Employment Policy and Strategies and the manner in which it ensures non-discrimination on the basis of the grounds covered by the legislation, in particular the grounds enumerated in the Convention.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3(a) and (b). National equality policy. Promoting the acceptance and observance of the policy. The Committee notes from the observations of the SFWU, that greater awareness of existing laws and regulations and policies among the general public, workers and employers and other stakeholders nationally could significantly contribute to promoting an environment without discrimination. It notes that the ASE, while recognizing the efforts of the Government and stakeholders to adopt measures to prevent discrimination in employment and occupation, denounces the practice of some organizations and companies that publish vacancies specifying age and gender criteria. The Committee wishes to recall that, in addition to legislative measures, a national equality policy should provide for concrete and practical measures to address existing inequalities. In that regard, public awareness-raising is essential to address prejudice and stereotyping regarding the professional abilities and aspirations of certain groups which lead to exclusion and discrimination in society and the labour market. The Committee points out further that awareness raising in cooperation with workers and employers and their organizations generates broader understanding of the principles enshrined in the Convention (see General Survey on fundamental Conventions of 2012, paragraphs 865–867). The Committee asks the Government to provide information on: (i) the activities undertaken to raise awareness among government officials, judges, workers, employers, and their organizations, and the general public on the principles of the Convention; and (ii) the steps taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies.