CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Vincent and the Grenadines (RATIFICATION: 2001)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of a National Action Plan on Gender-Based Violence in 2015, as well as the Government’s indication that it was aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee welcomes the Government’s statement, in its report, that a draft Employment Relations (Prevention of Sexual Harassment) Act was developed in 2020, in consultation with several stakeholders, and has been sent to the competent authority for legislative approval and enactment. It notes the adoption of the Domestic Violence Act, 2015, copy of which has been forwarded by the Government, but observes that the Act only refers to cases of violence in the private sphere and does not address sexual harassment in the workplace. As regards the National Action Plan on Gender-Based Violence, the Committee notes, from the 2018 Status Update, forwarded by the Government, that several awareness-raising activities were carried out in order to achieve the specific outcome aimed at the elimination of attitudes and social and cultural norms which generate gender-based violence, but that further activities were planned in a near future to fully implement the Plan. The Committee notes that, in its 2019 concluding observations, the United Nations (UN) Human Rights Committee expressed concerns about reports of the high prevalence of sexual violence and abuse which disproportionately affects women and is often underreported because of a lack of trust between victims and law enforcement authorities (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 18). Recalling the gravity and serious repercussions of sexual harassment which is a serious manifestation of sex discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794), the Committee hopes that the draft Employment Relations (Prevention of Sexual Harassment) Act will be adopted in the near future, and that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). It asks the Government to provide information on any progress made in that regard. The Committee further asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment, as well as on the number of any complaints or cases of sexual harassment dealt with by the competent authorities and institutions, the penalties imposed and compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments where it requested the Government to provide information on the measures taken to combat gender stereotypes relating to the roles and skills of men and women, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It notes that the Education Sector Development Plan (ESDP) 2014–19 identifies as one of its major objectives: equality of access and equality of education, regardless of gender, socio-economic situation and geographical location. It further notes that, according to the ESDP, the enrolment and performance of women in secondary and tertiary education is higher than for men. However, the Committee notes that, according to World Bank data, in 2020, the labour force participation of women remained significantly low at 54.4 per cent, compared to 76.6 per cent of men. The Committee notes this information with concern. It further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, paragraph 14). The Committee asks the Government to provide information on any measures taken to address gender stereotypes and improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s access to employment, including to decision-making positions, both in the public and private sectors. In light of the lack of correlation between the high level of education attained by women and their low level of engagement in the workforce, it also asks the Government to provide information on any study or assessment made to identify the underlying causes and remedy this situation. Noting the Government’s statement that it is still unable to provide appropriate data and statistics but is committed to do so in the near future, the Committee asks the Government to provide any statistical information available on the number of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

Equality of opportunity and treatment irrespective of HIV status. The Committee previously noted the adoption of the National Tripartite Workplace Policy on HIV and AIDS, as well as: (1) the responsibility of the Ministry of Labour for the implementation, monitoring and assessment of the policy; and (2) the specific responsibilities assigned to both workers and employers in that regard. The Committee recalls that the policy provides that all employers must adopt comprehensive HIV and AIDS workplace programmes to prevent and prohibit HIV-related stigma and discrimination at work. It notes with regret the Government’s statement that no further steps were taken to implement the policy. The Committee asks the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS was not implemented, in particular on any obstacles identified, and the measures envisaged to overcome them, in collaboration with employers’ and workers’ organizations. It asks the Government to provide information on any other measures taken or envisaged in the meantime to: (i) raise awareness, in collaboration with employers, workers, and their respective organizations; and (ii) enhance the development and implementation of policies, at national or enterprise level, in order to prevent and address discrimination based on real or perceived HIV status in employment and occupation.

Public sector. The Committee previously noted that the Service Commissions Department was responsible for the recruitment, selection, appointment and promotion of civil servants, but observed that the regulations governing the recruitment and conditions of employment of public servants still did not contain provisions prohibiting discrimination. The Committee notes the Government’s statement that the regulations are yet to be amended to include provisions prohibiting all forms of discrimination and that no further action has been taken by the competent authority in this regard. The Government adds that the recruitment practice in the public sector promotes equal access to employment for both sexes, without specifically requesting men or women applicants, which constitute one of the main measures to combat gender stereotypes. Observing that the Government did not provide information concerning the policies and guidelines followed by the Service Commissions Department when it selects, appoints and promotes civil servants, the Committee notes with regret the absence of steps taken by the Government to ensure, both in law and in practice, the protection of public servants against any form of discrimination, not only on the ground of sex but also on the other grounds listed in Article 1(1)(a) of the Convention. In light of the persistent lack of legislation or a national equality policy fully implementing the provisions of the Convention, the Committee again asks the Government to provide information on the policies and guidelines followed by the Service Commissions Department in the selection, appointment and promotion of civil servants. It further asks the Government to provide information on any other measures taken, both in law and in practice, to ensure the protection of public servants against discrimination: (i) in all aspects of employment and occupation (access to employment and vocational training, and terms and conditions of employment throughout their careers); and (ii) on all the grounds listed in the Convention (namely sex, race, colour, religion, political opinion, national extraction or social origin).

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 asks the Government to provide information in response to the questions raised in that observation.

Enforcement. Referring to its previous comments where it emphasized the important role of labour inspectors in combating discrimination in the workplace, the Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), the persistent shortage of labour officers (of whom five are currently labour inspectors), which were also affected by a high turnover rate during the last five years. It notes that 41 inspection visits were conducted in 2019 but that no information is provided by the Government on the nature of the violations detected or the sanctions imposed. Noting the repeated lack of information provided by the Government on the implementation of the Convention in practice, the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). In light of the persistent lack of legislation and national equality policy fully implementing the provisions of the Convention, the Committee asks the Government to: (i) take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention; (ii) provide information on any activities undertaken in this regard, in particular in order to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment; and (iii) provide information on the number and outcome of any cases of discrimination in employment and occupation detected by or reported to labour inspectors, the courts or any other competent authorities.