Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Antigua and Barbuda (Ratification: 1983)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Scope of protection. The Committee notes that the Government continues to state that the categories of workers, including established employees of Government (civil service employees), persons in the naval, military or air force, and in the police force, excluded from the scope of the Labour Code (section A6) are protected against discrimination under the Constitution. The Government does not, however, provide concrete information indicating that this Constitutional protection is effective in law and in practice. The Committee recalls that the Constitution and the Labour Code do not cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee once again urges the Government to indicate in detail the specific measures taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asks the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking Article 14(3) of the Constitution or the principle of the Convention.

Articles 1 and 2. Non-nationals. Referring to its previous comments regarding the lack of protection of migrant workers, independent of their legal status, against discrimination as provided by the Convention, the Committee notes the Government’s very general statement that all migrants are afforded the rights guaranteed under the regional and international treaties signed by the Government and that migrants are expected to abide by the national legislation. The Committee urges the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. Noting that the Government has not yet replied in this respect, the Committee once again requests the Government to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a labour market information system to collect data on the characteristics of the working population. Noting the Government’s commitment to provide the statistical information once it becomes available, the Committee asks the Government to indicate the progress made regarding the implementation of the labour market information system, and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors, as soon as such information becomes available.