Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the cooperation of employers' and workers' organizations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organizations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.