Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Sexual harassment. The Committee recalls its previous comments relating to the absence of legislation prohibiting sexual harassment in the workplace. The Committee notes the Government’s statement that the draft policy document on sexual harassment is to be presented to the Human Rights Council after which it will be presented to the Senate to be declared a legal document. The Committee asks the Government to provide a copy of the policy document on sexual harassment, once adopted by the Senate, as well as an indication of its legal status and the manner in which workers may obtain redress for sexual harassment at work. The Government is also requested to supply information regarding any practical efforts, in cooperation with the workers’ and employer’s organizations, undertaken or envisaged to raise awareness about sexual harassment at work and to prevent and address sexual harassment both in the public and the private sectors.

2. Discrimination on the basis of sex. For a number of years, the Committee has been noting that the Government was taking efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex. The Committee notes once more the Government’s statement that such efforts are still continuing. The Government further states that notwithstanding this, no reports of sex discrimination have been received. While acknowledging that the process of amending the Constitution may be difficult, the Committee nevertheless reminds the Government of its obligations under the Convention to take active measures to promote equality of opportunity and treatment between men and women with a view to eliminating discrimination based on sex in employment and occupation. The Committee further recalls that the absence of complaints does not necessarily indicate an absence of discrimination in practice or an absence of violations of the principle of equality between men and women. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee requests the Government to indicate in its next report the specific measures taken or envisaged to prohibit, prevent and address sex discrimination in employment and occupation in law and in practice, including any awareness-raising or training activities in this context. Please also keep the Committee informed of the status of the proposed amendment of Chapter III of the Constitution.

3. Article 1(1)(b). Additional grounds of discrimination. The Committee recalls its previous comments relating to the national workplace policy on HIV/AIDS. It notes the information in the Government’s report regarding the launching of the HIV/AIDS project 2007 by the Ministry of Labour and Social Security and the Occupational Safety and Health Bill which, according to the Government, should address protection against discrimination of persons infected by HIV/AIDS. The Committee requests the Government to provide information concerning the implementation of the national workplace policy on HIV/AIDS and HIV/AIDS project 2007. The Government is specifically requested to provide information on how these initiatives have helped in practice to improve protection of persons infected with HIV or living with AIDS who have been or may be discriminated against in employment and occupation.

4. Promoting equality of opportunity and treatment between men and women. In its previous comments, the Committee had shared the concerns expressed by the UN Committee on the Elimination of Discrimination against Women relating to the low labour force participation rate of women and their high unemployment rate as compared to men’s, as well as the horizontal and vertical gender segregation of the labour market. In this regard, the Committee had also recalled the Gender and Social Equity Steering Committee’s recommendation to create a preparatory commission to finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders. In the absence of any further information in the Government’s report on this point, the Committee asks the Government once again how it is exploring ways of following up on this important recommendation in the future. The Committee also requests the Government to provide information on any progress being made, pursuant to the 1998–2002 Corporate Plan or otherwise, in the employment situation of women, including the promotion of women in employment at middle, senior and executive management levels in the private and public sectors. Please also provide specific information on the public education efforts relating to gender stereotyping undertaken by the Bureau of Women’s Affairs and the Centre for Gender and Development.

5. Article 3(e). Vocational training. The Committee recalls the Government’s efforts to promote access to vocational training for women and disabled persons. The Committee reiterates its request to the Government to provide detailed information about (1) the participation by the Human Employment and Resources Training/National Training Agency (HEART/NTA) (in cooperation with the Inter-American Bank) in the non-traditional skills training for low-income women project, which trains young women in non-traditional occupations; (2) the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes. The information provided should contain details on the number of women involved, disaggregated by ethnicity where possible, and details of the training activities, including their participation in non-traditional skills training; and (3) information about any other efforts to eliminate discrimination in training, not only based on sex and disability, but also based on the other grounds covered by the Convention.

6. Part V of the report form. Statistics. The Committee reiterates its requests to the Government to provide statistics on employment and vocational training along with its next report, disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality.