CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Suriname (RATIFICATION: 2017)

Other comments on C111

Observation

2022

Direct Request

2022
2021
2020

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The Committee notes the Government’s first report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1 of the Convention. Prohibition of discrimination and scope of application. Legislation. The Committee notes that article 8(2) of the Constitution prohibits discrimination on the grounds of birth, sex, race, language, religious origin, education, political beliefs, economic position or any other status. Article 27 of the Constitution also affirms that the State has the duty to guarantee the right to work by, among others, “forbidding the discharge without sufficient cause or for political or ideological reasons”, and “guaranteeing equal opportunity in the choice of profession and type of work and forbidding that access to any function or profession be prevented or limited on grounds of sex”. In addition, the Committee notes that article 28 of the Constitution sets forth that all employees have the right, irrespective of their age, sex, race, nationality, religion or political opinion, to equal remuneration for equal work, sufficient rest and recreation, safe and healthy working conditions and the performance of their tasks under humane conditions. Moreover, the Maternity Protection Act (S.B. 2019 no. 64), section 2(1), establishes that “an employer is not allowed to make a distinction between men and women with regard to conditions of entering, modifying and terminating an employment contract, also no distinction is allowed with regards to applying employment conditions and the regulation of working conditions, education and training of the employee”. Furthermore, the Government states, in the supplementary information it provided, that a draft Equality of Treatment Act was submitted to the National Assembly in 2019.

The Committee notes that the non-exhaustive list of prohibited grounds of discrimination contained in article 8 of the Constitution may cover all the grounds spelt out in Article 1(1)(a) of the Convention, although the ground of colour is not explicitly referred to and it is to be clarified whether, in practice, the grounds of social origin and national extraction enumerated under Article 1(1)(a) of the Convention are covered under the grounds of “birth, [...] economic position and any other status” that are incorporated in article 8 of the Constitution. At the same time, the Committee notes that article 28 of the Constitution only refers to a limited number of grounds, namely age, sex, race, nationality, religion or political opinions. It also notes that, at present in the national legislation, there is neither a definition of discrimination nor a general prohibition of discrimination in employment and occupation covering explicitly at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention and all aspects of employment and occupation. However, the Committee notes that the draft Equality of Treatment Act prohibits both direct and indirect discrimination on all grounds listed under Article 1(1)(a) of the Convention and also includes the grounds of pregnancy, marital status, age and family responsibility.

Noting that the draft Equality of Treatment Act is currently under consideration, the Committee wishes to underscore that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur, including both direct and indirect manifestations affecting equality of opportunity and treatment and discrimination-based harassment as a serious form of discrimination (see the General Survey on the fundamental Conventions, 2012, paragraphs 743 et seq.). In this regard, the Committee also wishes to recall that the Convention applies to all aspects of employment and occupation, including access to vocational training, to employment and to a particular occupation, as well as terms and conditions of employment, as per Article 1(3) of the Convention, and extends to all workers, national and non-nationals, in all sectors of activity, in the formal and informal economy, and in the public and private sectors. The Committee furthermore wishes to highlight that the Convention provides for equal remuneration for “work of equal value”, which is broader than the notion of “equal pay for equal work” enshrined in article 28 of the Constitution, in that the Convention, while including equal remuneration for “equal”, “the same” or “similar” work, also aims at ensuring equality with respect to remuneration for works that may be of an entirely different nature, but are still of equal “value”.

In light of the above, the Committee invites the Government to take the opportunity provided by the draft Equality of Treatment Act to adopt as soon as possible comprehensive legislation that: (i) defines and prohibits discrimination in all aspects of employment and occupation; (ii) covers at least the grounds of race, colour, sex, religion, political opinion, national extraction or social origin enumerated in Article 1(1)(a) of the Convention; and (iii) addresses both equality of treatment and equality of opportunity, in conformity with the Convention. The Committee also asks the Government to:

(i) provide information on how articles 8, 27 and 28 of the Constitution are interpreted and applied in practice, including by national courts, to ensure that the principles of the Convention extend to all aspects of employment and occupation covered by Article 1(3) the Convention and to all grounds of discrimination prohibited under Article 1(1)(a) of the Convention;
(ii) indicate how it is ensured that the same protection is applied to all workers in all sectors of activity; and
(iii) provide information on the practical application of section 2(1) of the Maternity Protection Act (S.B. 2019 no. 64), including any violations detected by the labour inspectorate and any complaints filed with courts and other competent authorities.

Public sector. The Committee notes that, according to the 2018 concluding observations of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), an amendment to the Civil Servants’ Act to repeal discriminatory provisions that reduce a woman’s entitlement to annual leave due to pregnancy and childbirth and that allow for the possibility of terminating the labour contract of a female civil servant when she marries, has been under consideration for some time (CEDAW/C/SUR/CO/4-6, 14 March 2018, paragraph 36). The Committee requests the Government to provide information on the application of the Convention to workers in the public sector with respect to all aspects of employment and occupation covered in Article 1(3) of the Convention and in respect of all the grounds of discrimination prohibited under Article 1(1)(a). The Committee also urges the Government to repeal: (i) these two sex discriminatory provisions; and (ii) any other discriminatory provision in the Civil Servants’ Act and to provide information on any developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that, in its report, the Government states that a draft Violence in the Workplace and Sexual Harassment Act has been submitted to the National Assembly for approval. It also notes the Government’s indication that the Bureau of Gender Affairs, under the Ministry of Home Affairs, has emphasized the importance of adopting such a piece of legislation. The Committee recalls that the prohibition of sexual harassment under the Convention should cover both quid pro quo harassment and hostile work environment. The former comprises any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job. The hostile work environment consists of a conduct that creates an intimidating, hostile or humiliating working environment for the recipient. In addition, the Committee wishes to underscores that the scope of protection against sexual harassment should also cover vocational training, access to employment, and performing work in an occupation and should extend to co-workers and, when appropriate, clients or other persons met in connection with performance of work duties, in addition to employers and supervisors (see general observation adopted in 2002). The Committee asks the Government to ensure that the new draft legislation on violence and sexual harassment at the workplace will include a prohibition of sexual harassment reflecting all the aspects mentioned above and it expects that it will be adopted in the nearest future. The Committee requests the Government to provide information on any developments in this respect and to indicate how protection from sexual harassment is ensured in law and in practice pending the adoption of the above-mentioned legislation, including information on how such protection is ensured: (i) in respect of vocational training, access to employment, and performing work in an occupation; and (ii) in respect of harassment practised by co-workers and clients or other persons met in connection with performance of work duties as well as employers and supervisors.

Article 1(2). Inherent requirements of the job. he Committee notes that the Labour Exchange Act (S.B. 2017 no. 67), at section 3(2), specifies that “requirements regarding religion, nationality, social origin and membership of an association do not lead to any preferential treatment except in case of justifiable reasons”. In this connection, the Committee also notes that under article 27 of the Constitution, any dismissal for political or ideological reasons is prohibited. The Committee further notes that section 2(3) of the Maternity Protection Act lays down that distinctions based on sex in respect of conditions of entering, modifying and terminating an employment contract as well as working conditions, education and training of the employee, are allowed if “objectively justified by a legitimate purpose and the means for it to achieve that goal are appropriate and necessary”. Section 2(2) of the Maternity Protection Act also stipulates that distinctions between men and women are allowed in respect of recruitment and provision of education and training “if the distinction made is based on a characteristic associated with sex and that characteristic is based on the nature of specific professional activities or in the context in which these activities are executed is an essential and determining professional requirement”, on condition that the goal is legitimate and the requirement is proportional to the goal. The Committee notes the Government’s statement that some occupation in the civil service and some vocational trainings are available only to nationals. The Government also indicates that no disputes or difficulties concerning the application of the provisions of the Labour Exchange Act and the Maternity Protection Act mentioned above have arisen.

The Committee recalls that, under Article 1(2) of the Convention, distinctions exclusions or preferences in respect of a particular job are not deemed to be discriminatory if they are based on the inherent requirements of such job. These measures should correspond in a concrete and objective way to the inherent requirements of a specific and definable job, function or task. Criteria such as those enumerated in Article 1(1)(a) of the Convention may be taken into account as inherent requirements of certain posts involving special responsibilities. However, the inherent requirements of the particular job must be evaluated in the light of the actual bearing of the tasks performed. The systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is not admissible. In no circumstances should the same requirement involving one or more of the grounds of discrimination be applied to an entire sector of activity or occupation, especially in the public sector (see General Survey of 2012, paragraphs 828 et seq.). In light of the above, the Committee requests the Government to provide examples of the application of section 3(2) of the Labour Exchange Act and sections 2(2) and 2(3) of the Maternity Protection Act to specific cases with a view to assessing whether the exceptions to the prohibition of discrimination provided for in these provisions are applied in practice to meet the inherent requirements of a particular job, in line with Article 1(2) of the Convention. Please also provide information on any complaints brought before national courts concerning discrimination based on political opinion that invoke article 27 of the Constitution, and their outcomes.

Article 2. National equality policy. The Committee notes the Government’s statement that it has not yet formulated a national equality policy and that the National Equality of Treatment Commission – which is to be established after the adoption of the Equality of Treatment Act – will be charged with developing it. The Government indicates that it has however developed draft legislation, as recalled above, to give expression to the principles of the Convention and that it adopted, in 2019, the Maternity Protection Act. The Government also informs that, according to the information available to the Labour Inspectorate, discriminatory practices at the workplace exist, particularly as regards discriminatory recruitment on the grounds of ethnic origin, sex and sexual orientation. The Government further indicates that overall, “most people have a fair chance in employment and occupation”, however a study on the matter is needed in order to have a more accurate picture of the current situation. Moreover, the Government points out to the fact that, according to employers’ organizations, even in the event that the draft legislation on equality of treatment should be adopted, minorities in the interior and remote areas of the country may not be able to enjoy equality in employment because of either the fewer job opportunities existing in the interior or the lack of qualification and training opportunities.

The Committee recalls that, under Article 2 of the Convention, the State has the immediate obligation to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The policy should be clearly stated, which implies that programmes should be or have been set up, all discriminatory laws and administrative practices are repealed or modified, stereotyped behaviours and prejudicial attitudes are addressed and a climate of tolerance promoted, and monitoring is put in place (see General Survey of 2012, paragraphs 841 et seq.). The Committee also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising. It is essential that, in the implementation of the national policy, attention is given to at least all the grounds of discrimination prohibited under Article 1(1)(a) of the Convention (see General Survey of 2012, paragraphs 848 et seq.). Trusting that a national equality policy will be adopted in the nearest future and will be developed in cooperation with the social partners and other interested groups, the Committee: (i) encourages the Government to undertake a study assessing the present situation concerning equality of opportunity and treatment in employment and occupation of the population with respect to, at least, all the grounds of discrimination prohibited under the Convention, with a view to informing the formulation and subsequent evaluation of appropriate measures, taking into account the effects of multiple forms of discrimination and paying particular attention to people living in the remote areas of the country; (ii) asks the Government to provide information on the specific measures adopted or envisaged under the policy to eliminate discrimination based on, at least, all the grounds prohibited under Article 1(1)(a) the Convention, and promote equality of opportunity and treatment in employment and occupation, and on their results; and (iii) asks the Government to provide information on the findings of the study as well as any statistical information available, disaggregated by ethnic origin and geographical location, on the distribution of men and women in the various economic sectors and occupations.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes from the Government’s report on the national review of the implementation of the Beijing Declaration and Platform for Action (Beijing+25 report) that it considers the development of the Gender Vision Policy Document 2021–2035 and 2019–2020 Gender Plan of Action as a major achievement. The Gender Vision Policy Document acknowledges that: (1) occupational segregation on the job market is increasing, with women concentrated in low-paid jobs in the informal sector and under-represented in management positions and in non-traditional jobs (page 12); (2) despite having better school results compared to boys, girls still make up the majority of the category “unemployed out-of-school youth” (page 13); and (3) due to persistent structural gender inequality on the job market, young women have less access to jobs, even if they are better educated than men (page 13). The Committee notes with interest that the Gender Vision Policy Document considers that “targeted measures are required to tackle segregation in the workplace, promote access of women to formal jobs, among other things in management and decision-making positions, by guaranteeing paid maternity leave and childcare and providing sufficient and adequate services” (page 13). The Committee also notes that the National Development Plan 2017–2021 includes gender equality as a cross-cutting goal and envisages, among others, actions in the following areas: (1) equal access to education and training for boys, girls, men and women, and equal access to the labour market and the different professions; (2) equal incomes, and equal working conditions for women and men; (3) protection against domestic and sexual violence and harassment; (4) equal participation of the sexes in decision-making bodies and positions; and (5) promotion of laws, regulations and policy that promote gender equality and awareness. The Committee notes that the implementation of these actions falls within the responsibility of the Bureau of Gender Affairs, under the Ministry of Home Affairs. The Committee further notes the concerns expressed by CEDAW about the women’s unequal access to economic opportunities, despite their higher participation and attainment rates at all levels of education, and the disproportionately high unemployment rate among women, in particular rural women, Maroon women and indigenous women (CEDAW/C/SUR/CO/4-6, paragraph 36). Concerning equality between men and women in respect of remuneration for work of equal value, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee asks the Government to provide information on the measures taken to address discrimination and promote equality of opportunity and treatment between men and women in employment and occupation under the Gender Vision Policy Document 2021–2035 and the National Development Plan 2017-2021, including information on the results achieved and any obstacles encountered. Please include information on any specific measures adopted to tackle the multiple forms of discrimination in employment and occupation faced by rural women, Maroon women and indigenous women and any measures adopted to favour shared family responsibility between men and women and address gender stereotypes affecting women’s access to and advancement in employment and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous and tribal peoples. The Committee notes that on 8 April 2020 a draft Law on the Collective Rights of Indigenous and Tribal Peoples providing protection for the collective land rights of indigenous and tribal peoples was submitted to the National Assembly for consideration. The Committee asks the Government to provide information on any development regarding the adoption of the law.

General observation of 2018. Regarding the above issues, and more generally, 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.

Equality of opportunity and treatment irrespective of social origin. Rural workers. The Committee recalls that, as reported by the Government, employers’ organizations have noted that minorities in the interior and remote areas of the country may not be able to enjoy equality in employment. In this regard, the Committee also notes that CEDAW expressed its concerns about the significant disparities in enrolment rates between rural and urban areas, as well as the poor quality of elementary schools and the lack of secondary schools in rural areas (CEDAW/C/SUR/CO/4-6, paragraph 34). The Committee furthermore notes from the Decent Work Country Programme 2019–2021 that there is a lack of reliable labour market information concerning the remote areas of the interior which poses a major challenge both for analysis and the formulation of policies and plans, as well as the monitoring and evaluation of implementation. In light of the above, the Committee asks the Government to: (i) gather information, in cooperation with the social partners and interested groups, on the application of the principles of the Convention in rural areas; and (ii) provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation for men and women rural workers, including as regards access to relevant skills development.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the draft Equality Treatment Act provides for the establishment of a tripartite National Commission on Equality of Treatment. The Committee asks the Government to provide information on: (i) any initiative undertaken in cooperation with the organizations of workers and employers to promote the principle of the Convention, including in the framework of the Labour Advisory Board; and (ii) the activities of the National Commission on Equality of Treatment once it is established.

Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that the persons who are suspected of, or engaged in, activities prejudicial to the security of the State are prosecuted under the Penal Code and have the right to appeal. The Committee recalls that all measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention (General Survey of 2012, paragraph 834). The Committee asks the Government to indicate the specific provisions of the Penal Code which apply to individual suspected of activities prejudicial to the security of the State and to provide examples of their application, indicating how it is ensured that the restrictions adopted in respect of employment and occupation comply with Article 4 of the Convention and do not constitute discrimination under its Article 1.

Article 5. Special measures. The Committee recalls that the Constitution, at article 27, stipulates that the State has a duty to guarantee the right to work by, among others, guaranteeing equality of opportunity, and, at article 29, calls for special protection for certain categories, including disabled persons. The Committee also notes that under the Maternity Protection Act (S.B. 2019 no. 64), section 2(2), temporary special measures are allowed if aimed to achieve “factual equality between men and women”. The Committee notes that the Government states that it has not yet adopted special measures in favour of specific groups of persons; however, given the limited opportunity in employment and occupation faced by women and indigenous and tribal peoples, special measures for these groups may be adopted in the future. The Committee also notes from the 2020 ILO’s study on “Employability of people with disabilities in Suriname” that : (1) people with disabilities tend to have lower levels of education than those without disabilities: while attendance rates may be similar, there seem to be obstacles to completing their studies; (2) people with disabilities are generally less likely to be employed than people without disabilities; (3) women with disabilities are employed at lower rates than women without disabilities or men with disabilities; and (4) among persons with disabilities employed, a larger proportion are self-employed, which is likely to be due to the lack of opportunities in other types of employment (page 27). In light of the above, the Committee asks the Government to provide information on any special measures envisaged or adopted to promote equality of opportunity and treatment in employment and occupation for categories in need of special protection or assistance.

Maternity protection. The Committee notes that the Maternity Protection Act allows for distinctions based on sex with the objective of protecting women, “in particular with regard to pregnancy and maternity” (section 2(2)(b)). The Committee also notes from the Beijing+25 report that under the Family Employment Protection Act of 2019 women are entitled to maternity leave of at least 16 weeks and men are entitled to 8 days of paternity leave. The Committee recalls that protective measures for women may be broadly categorized into: (1) those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5 of the Convention; and (2) those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey of 2012, paragraph 839). In light of the above, the Committee asks the Government to provide examples of application of section 2(2)(b) of the Maternity Protection Act to specific cases, with a view to assessing whether the protective measures taken under section 2(2)(b) of the Act are limited to maternity protection, in the strict sense, or are based on occupational safety and health risk assessments, and do not constitute discriminatory obstacles to the employment of women.

Enforcement. The Committee notes the Government’s indication that no decisions have been taken yet by courts of law or other tribunals regarding questions of principles relating to the application of the Convention. The Government also states that public awareness on equality and non-discrimination is promoted through a Ministry of Labour programme, as well as through weekly “Labour Tips” which are disseminated through social media channels and traditional media (TV and radio) channels. The Committee asks the Government to provide information on: (i) judicial decisions and cases dealt by other competent bodies involving issues related to the application of the Convention, as well as information on any violations in this respect brought to the attention of or detected by the labour inspectors, and their outcomes; and (ii) any measures adopted to enhance the capacity of enforcement authorities, as well as of social partners, to identify, prevent and address cases of discrimination.