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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Lucia (RATIFICATION: 1983)

Other comments on C111

Direct Request

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The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Legislation. In its previous comment, the Committee requested that the Government take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs were repealed. It notes that this recommendation was also made in a gap analysis carried out in 2016-2017 under the auspices of the Caribbean Employers’ Confederation (CEC) and the Caribbean Congress of Labour (CCL), supported by the European Union and in collaboration with the ILO. The Committee recalls once again that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to provide information on any measures taken as a follow-up to the recommendations made in the above-mentioned gap analysis and to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed.

Exceptions based on inherent requirements of the job. While section 4 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000 provides for the prohibition of discrimination against applicants and employees, section 5 states that “Section 4 does not apply to any distinction, exclusion, or preference based on the [prohibited] grounds [of discrimination] where a genuine occupational qualification exists”. As indicated in previous comments, the Committee notes that section 5(2)(g) lists, among those “bona fide occupational qualifications exceptions”, the following: “the holder of the job provid[ing] persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex”. Noting that section 5(2)(g) has not been repealed or amended, the Committee states, once again, that it is concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention. It further notes that this provision is similar to section 269(2)(h) of the Labour Act of 2006. The Committee therefore urges the Government to take the necessary steps to repeal or amend section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, as well as section 269(2)(h) of the Labour Act of 2006, in order to ensure conformity with the Convention, in law and in practice, and to report on any progress made in this regard.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual orientation. The Committees notes that, in the report of the Office of the United Nations (UN) High Commissioner for Human Rights dated 30 October 2020, it is observed that neither the Constitution nor legislation of Saint Lucia protects against discrimination on the basis of sexual orientation or gender identity and that “lesbian, gay, bisexual and transgender persons who lived openly in society, particularly those from lower economic brackets, faced stigma and discrimination, including challenges in accessing basic health care, and social services, and greater difficulty in finding jobs.” (Human Rights Council, A/HRC/WG.6/37/LCA/2, 30 October 2020, paragraph 9). The Committee notes that, in 2020, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government “reaffirm[ed] its commitment to continue engaging [lesbian, gay, bisexual, transgender and intersex (LGBTI)] organizations and further committ[ed] to addressing unfair anti-discrimination regarding this community” (,A/HRC/WG.6/37/LCA/1, 18 December 2020, paragraph 25). The Committee asks the Government to indicate if there have been cases where LGBTI persons were denied jobs or left jobs due to a hostile work environment and to provide information on any measures taken or envisaged to address and prevent discrimination based on gender identity and sexual orientation.

Sexual harassment. The Committee notes that the Labour Act expressly prohibits any form of sexual harassment against an employee by an employer, managerial employee or co-employee. Section 272 states that sexual harassment constitutes unlawful discrimination based on sex and that the employee shall be entitled to compensation. However, as indicated in the “Gender at Work in the Caribbean – Country report: Saint Lucia” published by the ILO Decent Work Team and Office for the Caribbean in 2018, the Criminal Code and the Labour Act do not recognize sexual harassment taking place against workers outside of the employer-employee context. The Committee also notes the observation, in the above-mentioned report of the Office of the UN High Commissioner for Human Rights, that “although the law prohibited sexual harassment in the workplace, this remained a highly underreported problem since government enforcement was not an effective deterrent. Most cases of sexual harassment were handled in the workplace rather than being prosecuted under the law” (A/HRC/WG.6/37/LCA/2, paragraph 39). The Committee asks the Government to provide information on any measures taken or envisaged to raise awareness of the public on this issue and to facilitate reporting and access to justice. Please provide information on the number of cases brought to the courts or other judicial body and the outcomes thereof.

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.

Article 2. National policy. The Committee notes that, in the above-mentioned UPR national report, the Government stated that “the structure of the national mechanism for the advancement of women is being reviewed through the National Gender Equality Policy and Strategic Plan (NGEPSP) and the mainstreaming of gender is also included in Saint Lucia’s National Development Plan” (A/HRC/WG.6/37/LCA/1, paragraph 11). The Committee asks the Government to provide information on the content, timespan and concrete outcomes of the NGEPSP.

Practical application. The Committee notes that, in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), the Government recognized that the irregular reporting was due in part to capacities deficiencies in the Department of Gender Relations but also to the absence of a monitoring mechanism for the preparation of national reports and a strategic approach to the implementation of recommendations. In this regard, the Committee notes that, in February 2019, a National Coordinating Committee for Human Rights was established, comprising both government and non-government membership, headed by the Department of External Affairs and co-chaired by the Attorney General Chambers. It notes that the mandate of this Committee is to oversee the promotion and protection of human rights Conventions, to “ensur[e] the timely preparation of national reports”, and to guide and monitor the strategic implementation of recommendations. The Committee asks the Government to provide information on the activities of the National Coordinating Committee for Human Rights, in particular with regard to the Convention. In the absence of any additional information on the practical application of the Convention, the Committee reiterates its request to the Government to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness-raising, training and other practical measures, and their impact on achieving the objective of equality with respect to all the grounds covered by the Convention.