Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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. The Committee notes with interest the establishment of the Ministry of Women and Children Affairs in February 2001. Among other responsibilities, the Ministry is to formulate gender advocacy strategies and plans for implementation by the National Commission on Women and Development. The Committee particularly notes that, within this new framework, the Government has issued a "statement of policy on the implementation of proposals and recommendations for affirmative action towards equality of rights and opportunities for women in Ghana", a copy of which is attached to the Government’s report. The statement of policy outlines a broad strategy of affirmative action with the medium- and long term aims of achieving a 40 per cent representation of women in all Government and public service bodies, including the highest decision-making forums. The Committee asks the Government to provide information on the manner in which the newly adopted gender strategy and affirmative action policy will be used to promote and achieve equal remuneration between men and women for work of equal value.

2. The Committee notes with regret, however, that the Government’s report fails to address the points raised in its previous comments. It trusts that the Government’s next report will contain full information on all the matters raised in its previous observation, which read as follows.

(i) In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers’ Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government’s statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that, since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

(ii) In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men’s and women’s jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

(iii) The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.